UC-NRLF 


I 


20 


LAWS  OF  INDIANA 


RELATING  TO  THE 


PUBLIC  SCHOOL  SYSTEM 


Prepared  Under  the  Direction  of 

HORACE  ELLIS 

State  Superintendent  of  Public  Instruction 


By 

BENJAMIN  J.  BURRIS 

Assistant 


GIFT   OF 


Laws  of  Indiana 


RELATING  TO  THE 


Public  School  System 


Prepared  Under  the  Direction  of 

HORACE  ELLIS 

State  Superintendent  of  Public  Instruction 


By 

BENJAMIN  J.  BURRIS 

Assistant 


FORT   WAYNE    PRINTING    COMPANY 

CONTRACTORS   FOR  STATE   PRINTING  AND   BINDING 

1917 


X 

v 


A 

x  x 


EXPLANATORY  PREFACE. 

This  compilation  contains  the  general  laws  of  the  State  of  Indiana  of 
practical  use  and  application,  relating  to  the  public  schools,  the  higher  in- 
stitutions of  learning,  and  the  public  libraries  and  other  intimately  affiliated 
institutions.  The  Revision  of  1914  of  Burns'  Annotated  Indiana  Statutes 
has  been  used  as  the  basis  for  the  compilation,  and  this  revision  has  been 
supj>lemented  by  the  school  laws  enacted  at  the  sessions  01  the  General 
Assembly  held  in  1915  and  1917. 

The  laws  embodied  in  this  collection  have  been  arranged  by  subjects  and 
numbered  by  compiler's  sections  in  consecutive  order.  The  first  number 
given  in  bold  face  type  is  the  compiler's  section  number;  then  follows  the 
general  descriptive  title  of  the  section,  and  this  is  succeeded  by  the  number 
of  the  section  as  assigned  in  the  session  laws.  At  the  close  of  each  section  is 
given  the  citation  to  the  corresponding  section  in  Burns'  Annotated  Statutes 
of  1314.  Following  the  sections  will  be  fo  md  annotations  in  smaller  type 
giving  the  substance  of  the  decisions  of  the  Svpreme  and  Appellate  Courts, 
the  Attorney-General  and  the  construction  which  the  State  Department  of 
Education  has  placed  upon  the  section. 

The  Department  of  Public  Instr-.iction  begs  to  acknowledge  its  obligation 
to  the  manj-  general  sorrces  of  information,  and  particularly  to  Honorable 
Charles  Kettleboro"gh  whose  splendid  co-operation  made  the  task  both  enjoy- 
able and  easy. 

BENJAMIN  J.  BURRIS, 

Assistant  Superintendent  of  Public  Instruction. 


(3) 


381247 


COUNTY  SUPERINTENDENTS  OF  INDIANA. 
Elected  June  4, 1917.    Term  Expires  1921. 


COUNTY. 

NAME. 

ADORES*. 

*Adams    

E.  S.  Christen  

Decatur. 

*Allen 

D   0.  McComb 

Fort  Wavne. 

*Bartholomew  

Samuel  Sharo  

Columbus. 

Benton  

M.  F.  O'Rear 

Fowler. 

*Blackford  
*Boone  

M.  Clifford  Townsend  
Edgar  M.  Servies  

Hartford  City. 
Lebanon. 

Brown 

Grover  G  Brown 

Nashville. 

Carroll  

T.  W.  Armstrong  

Delphi. 

Cass         .          .    . 

J  E   Ludders 

Logans  port. 

"Clark 

Samuel  LJ  Scott 

Jeffersonvilte 

*Clay 

Willis  E   Akre            

Brazil. 

Clinton 

M  D   Boulden 

Frankfort. 

Crawford  

H  W.  Toney              

English. 

Daviess 

J  E   Gilley 

Washing  t  o  D  . 

"Dearborn  

George  C.  Cole  

Lawrenceburg. 

De^atur             .... 

James  R  Crawley 

G  reensb  u  rg  . 

Dekalb 

F  M  Merica 

Auburn 

"Delaware  

Ernest  J  Black 

Muncie. 

Dubois 

Robert  E   Eckert 

Jasper 

"Elkhart  
Fayette  
"Floyd.. 

A.  E.  Weaver  
E.  Earl  Lines  
Glenn  V  Scott             

Goshen. 
Connersville. 
New  Albanv. 

Fountain  

Guy  A.  Waldrip  

Covington. 

Franklin  

James  A.  Fisher  

Brookville. 

Fulton 

Thomas  F    Berry 

Rochester. 

Gibson  

Leland  S.  Cunningham.  .  .  . 

Princeton. 

M'.rant  
Greene  

Charles  H.  Terrell  
Walter  T.  Brown       .t.... 

Marion. 
Bloomfield. 

^Hamilton  

Walter  M.  Harger 

Nobles  ville. 

"Hancock 

George  J   Richman 

Greenfield. 

*!  larrison  

Arville  O.  Deweese 

Corydon. 

"Hendricks    

Theo  T  Martin 

Danville. 

'Henry  

Harry  B.  Roberts       

Newcastle. 

*I  Imvanl  

Albert  F  Hutson 

Kokomo. 

*I  hiniiiigton 

Clifford  I  underburg 

Huntington. 

•Jackson  

Harry  B.  Henderson. 

BrownstowD  . 

Jasper  
"Jay.  .  . 

Morgan  L.  Sterrett  
William  R  Armstrong 

Rensselaer. 
Portland 

•iHTfrson  

W.  Guy  Perder 

Madison 

*  Jennings. 

Sheperd   M    Whitcomb 

Vernon 

M«»hnson.  . 

W.  J.  Yount  

Franklin. 

*Kno.\.  .  . 

Edgar  N   Haskins 

Vincenne  s 

"Kosciusko.  .  . 

Jesse  Bruner 

\Varsaw 

Lagrange  

Arthur  B   Cookerly 

La£rf£Lncre 

"Lake.. 

Frank  F.  Heigh  wav.  . 

Crown  Point. 

(5) 


6    " 


SCHOOL   LAWS    OF    INDIANA 
COUNTY  SUPERINTENDENTS  OF  INDIANA— Continued. 


COUNTY. 

NAME. 

ADDRESS. 

46 

*Laporte 

Fred  R.  Farnam  

Laporte. 

47 

Lawrence 

William  C.  Roberts  

Bedford 

4S 

*Madison              .  .  . 

James  W.  Frazier  

Anderson. 

4^ 

*Marion 

Lee  E.  Swails  

Indianapolis. 

50 

IV^arshall 

Floyd  M.  Annis           ..... 

Plymouth. 

51 

*Martin             

Charles  0.  Williams  

Shoals. 

5? 

Miami 

Dorph  H.  Brown  

Peru. 

58 

*Monroe 

William  H  Jones             .  .  . 

Bloomington. 

54 

*Montgomery 

Karl  C  James 

Crawt'ordsville  . 

55 

Morgan      

Lewis  Williams  

Martinsville. 

56 

*Newton      

William  O.  Schanlaub  .  . 

Kentland. 

57 

Noble 

Guy  R.  Hall. 

Albion 

58 

Ohio  

John  L.  Wessler  

Rising  Sun. 

59 

Orange             

Jesse  M.  Trinkle      

Paoli. 

60 

*0wen 

Albert  Free 

Spencer. 

61 

*Parke         

John  H.  Jollief  

Rockville. 

6? 

*Perry                

Lee  B.  Mullen    

Cannelton. 

6tf 

Pike 

Howard  Brenton 

Petersburg. 

64 

*Porter         

Fred  H.  Cole  

Valparaiso. 

65 

*Posey 

G  E.  Behrens 

Mt.  Vernon. 

66 

Pulaski       

W.  E.  Tennell  

Winamac. 

67 

*Putnam           .    ... 

L.  G  Wright.               

Greencastle. 

68 

*Randolph 

Lee  L  Driver 

Winchester. 

69 

*Riplev 

Chas.  R.  Hertenstein  

Versailles. 

70 

*Rush 

Chester  M.  George      

Rushville. 

71 

*Scott  

William  S.  Griffith  

Scottsburg. 

79, 

*Shelby            

William  Everson  

Shelbyville. 

73 
74 

*Spencer  
Starke  

Joseph  W.  Strassell  
J.^Allen  Barr  

Rockport. 
Knox. 

75 

*St.  Joseph           .  .  . 

Ralph  Longfield  

South  Bend. 

76 

*Steuben 

H   Lyle  Shank 

Angola. 

77 

*Sullivan     

Richard  Park   

Sullivan. 

78 

Switzerland 

Ernest  Danglade      

Vevay. 

79 

*Tippecanoe 

C  V  Peterson 

Lafayette. 

80 

*Tipton              

Elmer  L.  Mitchell  

Tipton. 

81 

*Union 

Charles  C   Abernathy  

Liberty. 

82 
83 

*Vanderburgh  
*Vermillion     

K.  W.  Hemmer  
R.  H.  Valentine  

Evansville. 
Newport. 

84 

*Vigo 

James  M   Probst     

Terre  Haute. 

85 

*Wabash 

A  B   Oswalt 

Wabash. 

86 

*Warren 

Harry  Evans                     . 

Williamsport. 

87 

Warrick 

Ivor  J'  Robinson    :  

Boonville. 

88 

*Washington 

Orra  Hopper                .      .  . 

Salem. 

89 

*Wayne 

Charles  O   Williams 

Richmond. 

90 

*WeUs 

Arthur  R.  Huyette  

Bluff  ton. 

91 

*White 

Henry  J  Reid            

Monticello. 

9?, 

*Whitley 

Alvin  R  Fleck 

Columbia  City. 

•Re-elected. 


'ABLE  OF  CONTENTS 


PAGE 

Preface 3 

List  of  County  Superintendents 5 

CHAPTER  I. 

CONSTITUTIONAL   PROVISIONS. 
SBC. 

1.  Common  schools 31 

2.  Common  school  fund   31 

:*.     Principal,  a  perpetual  fund 31 

4.  Investment  and  distribution 32 

5.  Reinvestment 32 

(..     Counties --Liability 32 

7.  Trust  funds  inviolate  32 

8.  Superintendent  of  Public  Instruction 32 

9.  Political  and  municipal  corporations 32 

CHAPTER  II. 

sri'KKINTENDENT    OF    PUBLIC    INSTRUCTION. 

9a.     Superintendent — Election 34 

10.  Commencement  of  term — Oath 34 

1 1 .  Duties— Office— Clerks 34 

1 J.     Report  to  Governor 35 

13.  Report  to  (Jeneral  Assembly 35 

14.  Duties 35 

15.  Traveling  expenses 36 

16.  Supervision  of  school  funds 36 

17.  May  require  reports 36 

18.  Blanks  and  forms 36 

!'.».      Shall  publish  school  law 36 

-i).     Journals,  etc.,  to  libraries 36 

'2 1 .     (  Yrt  ificates  from  other  states 37 

_'•_'.     Schedule  of  item  for  success  grades 37 

CHAPTER  III. 

STATE    BOARD    OP    EDUCATION. 

23.     State  Board  of  Education 38 

-  J.      Duties  and  powers 38 

25.  State  certificates 39 

26.  Pay  and  mileage  of  board 49 

(7) 


8  SCHOOL    LAWS    OF    INDIANA 

CHAPTER  IV. 

COUNTY    SUPERINTENDENT. 

SEC.  PAGE 

27.  County  superintendents — Election — Term 50 

28.  Impeachment 53 

29.  County  superintendent — Qualifications 53 

30.  Salary  in  the  several  counties 53 

31.  Additional  salary 54 

32.  Traveling  expenses 54 

33.  Assistant — Appointment 54 

34.  General  duties 54 

35.  Cities  exempt 55 

36.  Visits  by  city  and  county  superintendents 55 

37.  Examinations  for  graduation 56 

38.  Schools — Examination  for  teacher's  license 56 

39.  Examination  studies 58 

40.  State  Board  of  Education — Fixing  averages 59 

41.  Temporary  teaching  permits 59 

42.  Professional  license — Eight  year  term 59 

43.  Exemption  from  examination 60 

44.  Previous  exemptions  in  force 60 

45.  Grade  of  success — Who  determines 60 

46.  Unfair  grading 61 

47.  Records  of  county  superintendent 61 

48.  Report  of  State  Superintendent 61 

49.  Fees  on  hand — State  treasury 62 

50.  Act  effective 62 

51.  May  revoke  license 62 

52.  Office— Supplies 62 

53.  Traffic  in  examination  questions 62 

54.  When  must  enumerate 62 

55.  Annual  reports 63 

56.  Apportionment — Report 

57.  Duty  as  to  school  fund 64 

58.  Duty  as  to  interest  and  loss,  school  fund 64 

59.  Appeals  from  township  trustees 

60.  Appeals  from  county  superintendents 

61.  Interest  in  private  normal  school 66 

62.  Penalty 

63.  Duty  of  prosecuting  attorney 66 

CHAPTER  V. 

TRUSTEE    OF   TOWNSHIi  S   AND    SCHOOL     TRUSTEES    OF   TOWNS  AND    CITIES. 

64.  School  township 67 

65.  Oaths 68 

66.  Women  eligible  to  school  offices 68 

67.  Bond  binding 68 


SCHOOL   LAWS    OF    INDIANA 


PAGE 

68.  Township  trustee — Assessor — Date  of  election 68 

69.  Manner  of  election 68 

70.  Ballots  and  ballot  boxes 68 

71.  Trustees'  term 69 

7 la.  Term  of  township  trustee — When  eligible 69 

71b.  Schools — Trustees  elected — Terms 69 

72.  Cities  excepted 70 

73.  Trustees'  bonds — Vacancy 70 

74.  Township  trustee — Official  bond 71 

75.  General  duties 71 

76.  Duration  of  school  term 72 

77.  Janitors — Care  and  management  of  school  property 72 

78.  Towns  and  cities 72 

79.  Record — Duty  as  to  revenue 73 

80.  Surplus  special  school  revenue 73 

81.  Superintendent  in  cities  and  towns 73 

82.  Trustees'  reports 74 

83.  Failure  to  report 74 

84.  Neglecting  duties 75 

85.  Failure  to  serve 75 

86.  Trustee's  accounts 75 

87.  Examination  of  trustee  and  his  books 75 

88.  Correction  of  accounts — Removal 75 

89.  Trustee  to  take 'enumeration — Who  enumerated 75 

90.  Enumeration — Where  filed — Retaking 77 

91.  Soldiers  and  sailors — Enumeration 77 

92.  Duplicate  lists — Filed  with  state  library 77 

93.  Township  in  two  or  more  counties — Report 78 

94.  County  board  of  education 78 

95.  Emergency  school  township  debts  legalized 79 

96.  School  township  debts  legalized 80 

97.  School  bond  sales  legalized 80 

98.  Funding  bonds — Sales  legalized 81 

99.  Pending  litigation 81 

100.  School  bonds — Issue  legalized 81 

101.  Pending  litigation 81 

102.  Township  debt  certificates  legalized 81 

103.  Schools— Bonds  legalized 82 

104.  Pending  litigation 82 

1 '  »•"'      Schools — Legalizing  township  debts — Authorizing  bonds 82 

106.  Advisory  board — Provisions  for  payment 83 

107.  Payment— Notice 83 

108.  Act  remedial 84 

109.  Schools — Sale  of  property 84 

1 10.  Sales  legalized 84 

111.  I^egal  notices,  publication  of 84 

112.  Repeal 84 

1 13.  Township  trustee — Advisory  board — Transfer  of  funds 84 


10  SCHOOL   LAWS    OF   INDIANA 

SEC.  •  PAGE 

114.  Schools — Towns — Election  of  school  trustees 85 

115.  Supplemental  act 85 

CHAPTER  VI. 

TEACHERS. 

116.  Employment  and  dismissal 86 

117.  Examined  concerning  alcohol  and  narcotics 91 

118.  Failure  to  teach,  effects — Dismissal 91 

119.  Terms  for  which  teachers  may  be  employed 91 

120.  Contracts  to  be  in  writing 92 

121.  Blanks  to  be  uniform 92 

122.  Reports 92 

123.  Schools — Minimum  wages  for  teachers 92 

124.  Qualifications 93 

125.  Payment  at  less  rate — Penalty 94 

126.  State  board  of  education — Duties 94 

127.  Special  examination 94 

128.  Insulting  teacher 94 

129.  Attending — Pay  for  teachers 95 

CHAPTER  VII. 

SCHOOLS. 

130.  Bible ; 96 

131.  Uniformity  of  term — Numbering  of  schools 96 

132.  Term  continued 96 

t33.     Calendar 97 

134.  Colored  children 97 

135.  Appropriations  for  indigent  children 97 

136.  Branches  taught 97 

137.  Effect  of  alcoholic  drinks  and  narcotics 98 

138.  Voters'  meeting — School  directors 98 

139.  Voters  at  school  meetings 98 

140.  Other  meetings  of  voters — Powers 99 

141.  Estimates  of  expenses 99 

142.  Director's  duties 99 

143.  Charge  of  schoolhouse 99 

144.  Visits  schools — May  exclude  pupils 100 

145.  Appeal  to  trustee 100 

146.  Common  schools  defined — High  school  courses 100 

147.  High  school  studies' 100 

148.  Schools — State    Superintendent    of    Public    Instruction — High 

school  inspector 100 

149.  Appropriation 101 

150.  Kindergarten 101 

151.  Free  kindergarten  tax 101 


SCHOOL    LAWS    OF    INDIANA 


11 


SEC.  PAGE 

152.  How  collected  and  disbursed 101 

153.  Medical  inspection  of  children 101 

154.  Medical  inspection  defined 102 

155.  School  physician — Appointment — Compensation 102 

156.  Physician's  duties 102 

l.~>7.     Rules  for  enforcement 103 

158.  Penalty 103 

159.  United  States  flag 103 

160.  Display  of  flag 103 

161.  Destruction  or  mutilation 103 

162.  Penalty 103 

163.  Star  Spangled  Banner 103 

164.  Legal  holiday — Discovery  day 103 

165.  Schools — Arbor  day — Fixing  date 104 

166.  Proclamation 104 

167.  School  exercises 104 

168.  State  song — "On  the  Banks  of  the  Wabash,  Far  Away." 104 

169.  State  flower— Carnation 105 

170.  Secret  societies  unlawful t 105 

171.  Night  school 105 

172.  Who  may  attend 105 

CHAPTER  VIII. 

MILITARY    TRAINING. 

17:;.     Payments  from  special  school  fund  authorized 106 

171.      Military  instructors  may  act  as  physical  directors. 106 

1  75.     Military  training  not  compulsory 106 

CHAPTER  IX. 

SCHOOL    PROPERTY. 

17n.     Title  to  school  property 107 

177.  1     •    <•'   -'-hoolhouse  for  private  school 108 

178.  Use  of  schoolhouse  for  other  purposes * 108 

I7!».      Schools — Buildings  used. for  public  gatherings 108 

180.  Buildings  to  be  lighted  and  heated 109 

181,  Control  of  school  board 109 

1  v_>.      Ivi-.-ponsibility  for  damages 109 

Schoolhouse,  when  sold ! 109 

184.  Sale  of  school  property  by  to\\nship  trustee 109 

185.  Schools — Old  school  buildings     Tearing  down 110 

is'i.     S;,le  of  old  building-     Use  of  old  material 110 

1S7.      Changing  site  of  -.•hoolhouse 112 

188.  Notice  of  petition  to  change 112 

189.  Penalty , 112 

190.  Schoolhouse  in  annexed  territory 113 

191.  Annexed  territory     Assessed  valuation — Bonded  indebtedness.  .  113 


12  SCHOOL    LAWS    OF    INDIANA 

SEC.  PA( 

192.  Schoolhouse  or  property — Appraisement — Liability  for  unpaid 

indebtedness 114 

193.  Donations  and  bequests .  114 

194.  Petition  of  majority  of  voters 114 

195.  Sale  of  bonds 115 

196.  Donations  made  to  school  corporations 115 

197.  Conditional  gift 115 

198.  Income  from  gifts 115 

199.  Trustee  for  gift— Powers '. 116 

200.  Identity  of  gift  not  to  be  lost 116 

201.  Rats — Extermination — Teaching  hygiene  in  school 116 

202.  Schools — Buildings  and  grounds  for  high  schools — County  com- 

missioners authorized  to  accept 117 

203.  Trustees  of  county  high  schools 117 

204.  Duties  ot  trustees 118 

205.  Purchase  of  real  estate — Petition 118 

206.  Appraisement 118 

207.  Duty  of  appraisers — Payment — Title — Trial 118 

208.  Tender  before  appraisement — Costs 119 

209.  chools — Transfer  of  property  by  civil  townships 119 

210.  Transfer  upon  petition 119 

211.  School  property  liable  for  public  improvements 120 

212.  Former  payments  legalized — Lien 120 

213.  Special  school  fund 120 

214.  Doors  must  swing  outward 121 

215.  Schools — Sanitary  buildings. 121 

216.  Temperature — Uncleanliness — Teachers — Penalties 123 

217.  Hygiene  and  sanitary  science — Printed  data 124 

218.  Schools — School  officers — Powers 124 

219.  Penalty  as  to  officers 125 

220.  Buildings  in  towns — Use  by  township 125 

221.  Buildings — Fire — Means  of  escape 125 

222.  Fire  escapes 126 

223.  Plan  of  escapes— Approval 126 

224.  Penalties 126 

225.  Inspectors — Duties — Penalty 127 

226.  Township  trustee— Duties 127 

227.  State  fire  marshal — Schools — Teachers — Compulsory  fire  drill. . .  128 

228.  Penalty 128 

229.  Fines  paid  to  state  treasurer 128 

230.  Fire  drills— Report 128 

231.  Duty  of  school  trustees  or  commissioners 128 

CHAPTER  X. 

TUBERCULOSIS. 

» 

232.  Tuberculosis  infectious — Disease 129 

233.  Penalty 129 


SCHOOL    LAWS    OF   INDIANA 
CHAPTER  XL 

JOINT    AND    CONSOLIDATED    SCHOOLS. 

PAGE 

Joint  school  district-    Petition 130 

Expense  of  establishing — Control  of  school 131 

Expense  of  maintenance 131 

57.     Joint  graded  schools 131 

Schoolhouse  for  several  townships 132 

239.     Cost  of  erecting 132 

J  U).     Advisory  board—  Emergency 132 

iM  1.     Schools — City  and  township — Joint  graded  school 133 

242.     Ballots— Election  method 133 

•_M:;.     Cost  of  construction — Tax  levy — Bonds  issued 134 

244.  Joint  ownership  of  property 134 

245.  Towns  and  townships — Power  to  contract  to  maintain  joint 

schools 135 

246.  High  school  district 135 

247.  District — Determining  the  territory 135 

248.  Schools — High  school  district — Control 135 

249.  Expenses — Apportionment 136 

2:>0.     Warrants .  136 

•_Vil.     Withdrawal.  .  . '. 137 

252.  Other  acts  not  repealed 137 

253.  Schools — Joint  township  high  schools 137 

254.  Schools — Township  high  schools — How  established 137 

•J .').">.     Amount  of  taxable  property  required 138 

Petition  for  consolidation — Duty  of  trustees 138 

•_'."  7      Control — Abandonment 138 

•J.Vv     Consolidation  of  schools  authorized 139 

•J.V.I.     Elections  separate 139 

260.  Manner  and  expense  of  elections 139 

261.  l^climinary  control  of  consolidated  schools 140 

•Ji'i-j.     Board  of  trustees — IN  on-partisan — Election  bond — Salary 140 

•Jt'»3.     Duties  and  powers  o   board — Taxes 142 

•JiU.     New  buildings — Repairs 142 

•J» '».">.     Joint  property 142 

•J»iii.     Transportation  of  pupils 142 

•J'17.     Consolidation  of  town  and  township  schools 143 

268.     Joint  resolution — Special  election — Expenses 143 

•Ji '»'.».     Majority  required — Management 143 

270.     Cost  apportioned — Transportation  of  pup.'ls — New  building .  .  .  143 

'1       Pax  incut  of  previous  indebtedness 144 

CHAPTER  XII. 


ABANDONMENT    OF    SCHOOL    PROPERTY. 


*Ji  la.   Abandonment   of  school  district  or  corporation.  .  . 
271b.  Consent  of  voters  to  abandonment  . 


145 
145 


14  SCHOOL    LAWS    OF    INDIANA 

• 

SEC.  PAGE 

27  Ic.   Schools — Discontinuance — Township  trustees 146 

271(1.  Schools — Cities  fifth  class — Abandoned  school  property — Parks.  146 

271e.  Permitting  use  by  city 146 

271f.    Acceptance  by  council — Maintenance 147 

271g.  Abandonment  for  park  purposes 147 

271h.  Schools — Trustees  abolished — School  corporation 'dissolved 147 

271i.    Conveyance  of  property  to  township 148 

271j.    Township  control 148 

271k.  Civil  town  may  assume  debt  of  school  town 148 

2711.    Manner  of  assuming  debt 149 

CHAPTER  XIII. 

TRANSPORTATION    OF    SCHOOL    CHILDREN. 

271m.  Schools — Transportation  of  pupils — Payment  of  expense 150 

271n.  School  children,  transportation  of 151 

271o.  Transfer  to  nearest  school 151 

271p.  Duty  of  trustee 151 

271q.  Expense  of  transfer 151 

271r.   Conveyances,  ventilation  and  heat , 151 

271s.   Drivers,  qualifications  of 151 

271t.   Drivers  can  not  sublet  contract • 152 

271u.  Railroad  crossings — Caution  prescribed 152 

271v.  Expense,  payment  of 152 

271w.  Penalty 152 

271x.  Prosecutor  to  enforce  provisions 152 

CHAPTER  XIV. 

TRANSFER    OF    PUPILS. 

272.  Reasons  for  transfer 153 

273.  Schools— Transfer  of  pupils— Tuition 155 

274.  Appeal 155 

275.  Payment  of  tuition — Refusal  to  make 155 

276.  Rights  not  abridged 156 

277.  Settlements  for  transfers 156 

278.  Transfer  to  school  corporations  of  100,000 157 

279.  Payment  of  tuition 157 

280.  Orphans'  homes — Transfer  of  children  to 157 

281.  Transfer  tuition— Fund— Rate 158 

282.  Transfer  denied— Appeal— Penalty 158 

283.  Adjustment  of  tuition  indebtedness 158 

284.  Special  written  agreements 159 

285.  Transfer  outside  of  state— Tuition 159 

286.  Indiana  Soldiers'  and  Sailors'  Orphans'  Home — Admission 159 

CHAPTER  XV. 

SCHOOLS    IN    CITIES    OF    THE    FIRST    CLASS. 

287.  Board  of  school  commissioners — Cities  of  100,000  inhabitants  .  .  161 

288.  Qualifications  of  commissioners 162 


SCHOOL    LAWS    OF    INDIANA 


15 


rEC.  PAGE 

Nomination  and  election 162 

Terms 164 

291.  Organization — Treasurer 164 

292.  Committees — Salaries — Rules 164 

293.  Legislative  act — Director's  approval 165 

294.  Officers  and  teachers— Examination 165 

295.  Business  director — Duties 166 

296.  Superintendent,  librarian,  et  al. — Duties 166 

297.  Appointment  or  discharge — Reports 167 

298.  Schools — Business  director — Bond 167 

-MM).  Auditor  of  school  board 168 

300.  Warrants 168 

301.  Evidence  of  indebtedness 168 

302.  Illegal  warrant— Liability 168 

303.  Appropriation  necessary 168 

304.  Auditor's  report— Bond— Pay 168 

305.  Accountants 169 

306.  Payments  to  treasurer 169 

307.  Contracts,  appropriation  for  necessary 169 

308.  Contracts  to  be  in  writing — Supplies 169 

309.  Bids  for  schoolhouse 170 

310.  Funding  indebtedness 170 

311.  Tax  levy 171 

312.  School  law  in  force 171 

313.  Old  school  board 171 

314.  Limit  of  debt. 172 

31.").  Schools — Cities  first  class — Right  to  issue  bonds 172 

316.  Purchase  of  grounds  and  buildings 173 

317.  Eminent  domain,  may  exercise 173 

318.  Removal  of  commissioner 174 

319.  Levy  to  pay  debts 174 

320.  Subsequent  censuses 174 

321.  Manual  training  schools 174 

322.  Teacht-rs  ,-md  instruction 174 

323.  Tax  to  support  schools '.  .  .  175 

324.  Taxes — Powers  as  to  levy 175 

Bonds — Building  and  grounds  fund 176 

326.  Art  association  contract-  Chios  of  first  class 177 

327.  Powers  of  school  commissioners 178 

328.  Repeal 178 

329.  Art  associations — School  board — Payments  to  maintain 178 

330.  School  officers — Board  of  vi>itors 179 

331.  Acceptance  of  provisions 179 

•  '>-V2.  Mayor  and  comptroller     Attend  meetings 180 

333.  Resolution  in  force 180 

334.  Agreement  in  force 180 

335.  One  association  to  participate — How  chosen 180 

"•".<•>.  Health  inspection 180 

337.  Tax  levy  for  health  inspector. .                                                 181 


16  SCHOOL   LAWS    OF   INDIANA 

SEC.  PAGE 

338.  Trade  and  industrial  schools 181 

339.  Maintenance  and  operation 182 

340.  Transfer— Tuition 182 

341.  Public  playgrounds  and  public  baths — How  established 182 

342.  How  controlled.  . 183 

343.  Expenses — How  paid 183 

CHAPTER  XVI. 

SCHOOLS    IN    CITIES    OF    63,000    TO  69,000. 

344.  Schools — Cities  second  class 184 

345.  Under  control  school  boards 184 

346.  Expenses — How  paid 184 

347.  Cities — Second  class — Government  of  schools 185 

348.  School  corporations — Separate  from  civil  corporations 185 

349.  General  school  laws  applicable 185 

350.  Qualifications  of  school  board 185 

351.  How  elected 186 

351a.  Applies  to  other  cities — When 186 

352.  Pending  litigation — Present  members 186 

CHAPTER  XVII. 

SCHOOL    CITIES    OF   55,000    TO    63,000. 

353.  Cities  55,000  to  63,000— Board  of  school  trustees 187 

354.  Qualifications— Interest  in  contracts — Salary 187 

355.  Election — Terms — Petition  for  candidates '. .  . 188 

356.  Next  election — Five  to  be  chosen - 189 

357.  Present  incumbents  of  electives 189 

358.  Take  office  as  vacancies  occur 189 

359.  Future  census— Effect 189 

360.  Pending  litigation 189 

CHAPTER  XVIII. 

TAXATION. 

361.  State  taxlevy 190 

362.  Uniform  tax 190 

363.  Special  school — Used  to  pay  teachers  revenue — Limit 190 

364.  Assessment  and  collection 191 

365.  Supplementary  tuition  fund 191 

366.  Local  tax — How  applied 192 

367.  Tax  for  town  schoolhouse  and  to  support  town  schools 192 

368.  Educational  institution  fund — Levy 192 

369.  Unexpended  balance 193 

CHAPTER  XIX. 

SCHOOLS    IN    CITIES    OF    45,000    TO    55,000. 

370.  Cities  of  45,000  to  55,000 194 

371.  Powers  of  school  board .  .  194 


SCHOOL    LAWS    OF    INDIANA 


17 


EC.  PAGE 

572.  Building  bonds 194 

173.  Special  tax 195 

•7-1 .  Proceeds  of  bonds 195 

{75.  Population 195 

CHAPTER  XX. 

VOCATIONAL    EDUCATION. 

376.  Vocational  education — Definitions 196 

377.  Establishment  of  schools 197 

378.  Classes— How  divided 197 

379.  Co-operative  schools 197 

380.  Studies— How  outlined 198 

381.  State  board  of  education— Duties 198 

382.  State  board,  comprised  of 198 

383.  Appointments — How  made 198 

384.  Advisory  committee 199 

385.  Admission  to  schools — To  whom  made 199 

386.  Compulsory  attendance 199 

387.  County    agent— Petition 199 

388.  Cities  and  towns— Reimbursed 200 

389.  State  maintenance 201 

390.  Claims  for  reimbursement i  .  201 

391.  Salaries  and  expenses 201 

392.  When  effective 201 

393.  Schools — Cities  first  class — Non-residents — Vocational  schools. .  201 

394.  Property  in  trust — Bonds  issued 202 

395.  Additional  high  school  buildings — Bonds  may  be  issued 203 

396.  Pending  litigation 203 

397.  Schools — Agricultural  and  domestic  science — Petition — Levy....  204 

398.  Buildings— Bonds  issued 204 

399.  Township  trustee — Maintenance 204 

400.  Annual  tax  levy 204 

401.  Acceptance  of  act  of  congress — Vocational  education 205 

I ' '-'.  State  treasurer  custodian  of  funds .205 

403.  Duties  of  board  of  education 205 

CHAPTER  XXI. 

APPORTIONMENT  OF  REVENUE. 

404.  To  be  made  semi-annually 206 

405.  Reports  of  county  auditors 206 

406.  When  and  what  county  auditor  reports 206 

407.  When  congressional  township  divided 207 

408.  Auditor  failing  to  report — Penalty 207 

409.  Printed  statement 207 

410.  Payment  to  counties 207 

411.  Payment  of  excess 208 

12.  Unapportioned  balances 208 

8554—2 


18  SCHOOL    LAWS    OF    INDIANA 

SEC.  PAGE 

413.  County  auditor's  apportionment 208 

414.  Apportionment  among  counties 209 

415.  Distribution  of  5.2  per  cent  of  fund 209 

416.  Town  or  township  deficiency — Certificate 209 

417.  Superintendent  and  auditor — Duties 210 

418.  Uses  of  fund 210 

419.  Liability  for  fund 210 

420.  Surplus 211 

421.  Interest  on  sinking  fund 211 

422.  Surplus  dog  tax  fund 211 

423.  Duty  of  school  trustee 211 

424.  Annual  statement 212 

CHAPTER  XXII. 

THE    FUND. 

425.  What  constitutes 214 

426.  Transfer  and  distribution  of  funds .  . * 215 

427.  Estrays  and  property  adrift .  . 215 

428.  County  coroners — Funds  not  called  for — Disposition 215 

429.  Ferry — Circus — Traveling  merchant — License 216 

430.  License  fund  paid  to  school  fund 217 

431.  Penalty 217 

432.  Hydrophobia  fund — County  auditor 217 

433.  Counties  liable 217 

434.  Account  of  fund 217 

435.  Custody  of  lands — Report  of  income 218 

436.  Leasing  lands 218 

437.  Divided  school  section 218 

438.  Boundaries  of  townships 219 

439.  School  township,  when  county  lines  divide 219 

440.  Auditor's  statement  as  to  children 219 

441.  Auditor's  duty. 219 

442.  Account  and  distribution 219 

443.  Duties  of  the  other  auditor 219 

444:     Account — Re-adjustment 220 

445.  Power  of  trustee 220 

446.  Sale  of  school  lands 220 

447.  Proceedings  to  sell 220 

448.  BaUots 220 

449.  Results  of  election 220 

450.  Certificate  of  vote 220 

451.  Trustee's  duty 221 

452.  Order  and  conduct  of  sale — Fee. 221 

453.  Terms  of  sale— Timber 221 

454.  Forfeiture— Re-sale 222 

455.  Forfeiture,  how  prevented 222 

456.  Forfeiture — Liability  for  waste 222 

457.  Suit  for  waste 222 

458.  Private  sale.  .  222 


SCHOOL    LAWS    OF    INDIANA 


19 


PAGE 

59.  Re-appraisement 222 

60.  Sale  of  real  estate,  appraisement — Notice — Terms 222 

61.  Advertisement  of  funds 222 

62.  Re-appraisement  of  forfeited  lands 222 

63.  Appropriation  by  commissioners 222 

r64.  Certificate  of  purchase 224 

t65.  Rights  of  purchaser 224 

166.  Failure  to  make  first  payment — Penalty 224 

167.  Assignment 224 

168.  Defective  assignments — Proceedings 224 

169.  Loan  of  purchase  money 225 

170.  Payments 225 

471.  Lost  certificate 225 

472.  Purchase  money,  where  paid 225 

473.  Duty  of  auditor 225 

474.  Deed 225 

475.  Sale— Legalization 225 

476.  Title,  when  complete 226 

477.  Sale  had  without  vote 226 

478.  Compensation  on  failure  of  title 226 

479.  Lands  of  surplus  revenue  fund — How  sold 226 

480.  Interest — Judgment 226 

481.  Advertisement  of  funds 227 

482.  County  auditor — Penalty 227 

483.  Auditor's  duty 227 

484.  Appraisement 227 

485.  Duty  of  appraisers 227 

486.  Loans  outside  of  county 227 

487.  Limit  of  loan 228 

488.  Oath  of  applicant 228 

489.  Time  of  loan 228 

490.  Loan  of  school  and  university  funds 228 

491.  Limit  of  loan 228 

492.  Percentage  of  value  of  land 228 

93.  County  auditors — School  funds — Loan  on  mineral  land. . .  .....  229 

494.  Length  of  time "229 

495.  County  may  borrow 229 

496.  Note  of  county — County  council 229 

497.  Auditor's  warrant 229 

498.  Rate  of  intm-st 230 

499.  Payment  of  loan 230 

500.  Transfer  from  one  county  to  another 230 

501.  Certificate  as  to  liens 230 

Limit  of  amount 231 

503.  Acknowledgments  and  oaths 231 

504.  Record  of  mortgages — Priority 231 

505.  Auditor's  duty 231 

506.  Fees 231 

507.  Interest  unpaid — Auditor's  duty 231 


20  SCHOOL    LAWS    OF    INDIANA 

SEC.  PAGE 

508.  Collection  on  default 232 

509.  Fund  to  be  specified 232 

510.  Form  of  mortgage . . 232 

511.  Form  of  note 232 

512.  Schools — Renewal  of  school  fund  mortgages — Duties  of  auditor.  232 

513.  Warrant  to  borrower 233 

514.  Payments— Quietus 233 

515.  Indorsements  and  satisfaction 233 

516.  Preamble 233 

517.  Schools — Mortgages   on  lands — Clerk  of  court — Satisfaction  of 

judgments 234 

518.  Suit  for  deficiency 234 

519.  Notice  of  sales 234 

520.  Manner  of  sale — Surplus 234 

521.  Auditor's  bid. .  % 235 

522.  Sale  of  lands  bid  in 235 

523.  Deed  by  auditor 235 

524.  Statement  t>f  sales . 235 

525.  Title  in  state  without  deed 235 

526.  Conveyance  to  county 235 

527.  Suit  to  foreclose 235 

528.  Purchase  by  county 236 

529.  Lease  of  land  purchased 236 

530.  Sale  of  land— Appraisement 236 

531.  Deeds 237 

532.  Sales  legalized 237 

533.  Act  supplemental 237 

534.  Satisfaction  of  mortgages 237 

535.  Annual  report 237 

536.  Duty  of  boards 238 

537.  Board's  report 239 

538.  Disposition  of  report 239 

539.  Apportionment  of  loans 239 

540.  Miscellaneous  school  fund  account 239 

541.  Distribution  and  report 239 

542.  Penalty  against  auditor 239 

543.  School  funds — Expense  in  making  loans 240 

544.  Repeal  of  order 240 

545.  Appropriations — County  council 240 

546.  Real  estate  sales  legalized 240 

547.  Title  to  lands — Auditor's  deed  to  quiet 241 

548.  Wills — Public  bequests — Exempt  from  taxation 241 

CHAPTER  XXIII. 

SCHOOL  INDEBTEDNESS BONDS  AND  NOTES. 

549.  Bonds  for  school  buildings 242 

550.  Use  of  proceeds 243 

551.  Special  tax 243 

552.  Condition  before  building 244 


SCHOOL    LAWS    OF    INDIANA 


21 


SEC.  PAGE 

Surplus  special  school  revenue 244 

.">.")  I.     Schools  cities  and  towns — Refunding -  1  1 

Levy — Sinking  fund — hit  en  s: 245 

556.     Schools— Cities  and  towns — School    buildings — School   trustees 

may  issue  evidence  of  indebtedness •_'!."> 

.V> 7.     Tax  to  pay  bonds  and  notes -Mn 

558.     Trustees  give  bond 246 

.").")!».     Additional  bond  issue 246 

.")»;().     School  boards — Temporary  loans 247 

.".(i  1 .      1  nterest — Warrants 247 

562.     Cities — Second  class — Issue  of  bonds 247 

Bonds  in  series — Time 248 

:>• .  I .     Tax  for  bond  redemption 248 

Repeal • 248 

566.     Bond,  issue— Towns  or  cities  of  1,000  to  5,000 249 

.~>r>7.     Sale — Bond  for  proper  use  of  funds 249 

568.  Special  tax 249 

569.  Surplus  special  school  revenue 250 

570.  Towns  not  over  2,000 — Funds  for  buildings — Bonds 250 

571.  Refunding  bonds 250 

572.  Trustee's  bonds 251 

573.  Sale  of  property 251 

574.  Special  tax 251 

.~>7.~>.     Surplus  special  revenue 251 

.->7ti.     Town*  not  over  1,000— Bonds— Tax 252 

577.  How  construed 252 

578.  Township  business — Indebtedness — Issue  of  bonds 252 

579.  Duties  of  advisory  board 253 

580.  School  bonds  and  levies  legalized 253 

581.  Acts  of  school  trustees  legalized 222 

582.  Manual  training  and  domestic  science — Levies  legalized 535 

583.  Erection  of  new  school  building — Funds 453 

584.  Emergency  declared 452 

585.  Bonds  authorized 254 

586.  Debt  of  civil  and  school  township 255 

587.  Tax  levy 255 

588.  Expenditure  of  funds 255 

589.  Sale  of  bonds 255 

CHAPTER  XXIV. 

I  I   XT-BOOKS. 

Selection  of  text-books 256 

"»«.»1.  Schools— Text-books— Bids  called  for 256 

•V.tla.  Bids — Contract  Terms  257 

Max  procure  manuscripts 258 

593.  State  not  liable 258 

•V.U.  (lovei-nor's  proclamation 258 

595.  Sale  for  more  than  contract  price 258 


22  SCHOOL    LAWS    OF    INDIANA 

SEC.  PAGE 

596.  Embezzlement 259 

597.  Books  for  poor  or  indigent  children 259 

598.  Failure  to  report — Embezzlement 259 

599.  Books  to  be  uniformly  used 259 

600.  Schools — Uniform  text-books 259 

601.  Name  and  price  of  books  on  cover 260 

602.  Conditions  for  adoption  of  school  text-books 260 

603.  Approval  of  bond 261 

604.  Price  restricted 261 

605.  Authority  to  purchase — Price  list 261 

606.  Appointment  of  dealers  and  agents 261 

607.  "Person"  denned 262 

608.  Penalty 262 

CHAPTER  XXV. 

COMPULSORY    EDUCATION    AND    ATTENDANCE    OFFICER. 

609.  Schools — Compulsory  attendance  of  children 263 

610.  Age  limit — Employment 264 

611.  Attendance  officer— Duties 265 

612.  Schools — Attendance  officers — How  appointed 265 

613.  Number  of  attendance  officers 266 

614.  Per  diem 266 

615.  Record  of  attendance 266 

616.  State  board  of  truancy 267 

617.  Assistance  furnished 267 

618.  Separate  schools  for  incorrigibles 267 

619.  Confirmed  truant 267 

620.  Expenses — Special  levy . 268 

621.  Duties  of  enumerators 268 

622.  Information  for  attendance  officer 268 

623.  Penalty 268 

624.  Schools — Eleemosynary  institutions 268 

625.  Compulsory  education  of  dependent  children 269 

CHAPTER  XXVI. 

STATE    NORMAL    SCHOOL. 

626.  Established 270 

627.  Trustees — Corporate  name 270 

628.  Term  of  office— Vacancies 270 

629.  Organization— Officers 270 

630.  Donations 270 

631.  Location 271 

632.  Contract  for  building , 271 

633.  Model  school 271 

634.  Duty  of  trustees 271 

635.  Conditions  of  admissions 271 

636.  Tuition  fee 271 

637.  Principle  of  management 271 


23 


SEC.  PAGE 

638.  Report 271 

639.  Board  of  visitors 272 

640.  Certificates — Diplomas 272 

641.  Pay  of  trustees 272 

642.  Pay  of  treasurer  and  agent 272 

CHAPTER  XXVII. 

ACCREDITED    NORMAL    SCHOOLS. 

State  teachers'  training  board — Duties 273 

644.  Course  of  study 273 

645.  Two-year  course 273 

646.  Diplomas 274 

647.  "Accredited"  school 274 

648.  When  "accredited"  denied 274 

CHAPTER  XXVIII. 

INDIANA    UNIVERSITY. 

649.  Recognized 276 

650.  Tax  for  endowment  fund 276 

651.  Application  of  fund 276 

652.  Bond  of  state 276 

653.  Loans  by  state  auditor 277 

654.  Mortgages  taken  by  auditor 277 

State  may  borrow  fund 277 

Trustees — Corporate  name — Officers — Powers 277 

»i.~>7.     The  first  trustees 278 

658.  The  first  meeting 278 

659.  Vacancies 278 

660.  Pay  of  trustees : 278 

661.  Trustees  of  Indiana  University 278 

662.  Trustees'  terms  expiring  1.891,  successors 278 

Trustees'  terms  expiring  1893,  successors 278 

664.     Registry  of  alumni 279 

»>»;.-,.     Nomination  of  trustees 279 

666.  Annual  meeting  of  alumni 279 

667.  Method  of  voting  by  alumni 279 

668.  Annual  meeting 280 

669.  Quorum — Temporary  appointments    280 

670.  Seminary  township 280 

671.  Interest  on  loans 280 

<->72.      Faculty    -Powers 280 

673.  No  religious  qualification 280 

674.  No  sectarian  tmet>    -/s<> 

o7.',.     County  students 281 

»''7«i.      Notice  to  counties 281 

677.  Treasurer's  bond 281 

678.  Board  of  visitors. .  281 


24  SCHOOL    LAWS    OF    INDIANA 

SEC.  PAGE 

679.  Visitors  not  attending  to  be  reported 281 

680.  Duties  of  visitors 281 

681.  Duties  of  secretary 281 

682.  Duties  of  treasurer 281 

683.  Report  to  state  superintendent -.  282 

684.  Lectures  by  faculty 282 

685.  Geological  examination  and  specimens 282 

686.  Printing  annual  report 282 

687.  Contents  of  report 282 

688.  Notice  of  sessions. 282 

689.  Buildings  and  repairs 282 

690.  Normal  department 283 

691.  Agricultural  department .  .  .  : 283 

692.  Scholarships  transferable 283 

693.  Perpetual  scholarships 283 

694.  Library 283 

695.  State  geologist 283 

696.  Fund,  how  derived— Loans 283 

697.  Auditor  of  state  to  loan — Duty 284 

698.  Form  of  mortgage 284 

699.  Form  of  note 284 

700.  Loans— Security 284 

701.  Interest 284 

702.  Priority  of  mortgage 284 

703.  Recording  of  mortgage  .* 285 

704.  Certificate  as  to  liens 285 

705.  Abstract  of  title 285 

706.  Auditor's  duty 285 

707.  Payment 285 

708.  Satisfaction 285 

709.  Loans,  how  collected 285 

710.  Judgment 285 

711.  Notice  of  sale 285 

712.  Sale • 285 

713.  When  auditor  to  buy— Re-sale 285 

714.  Limit  of  bid— Overplus 286 

715.  Statement  of  sale 286 

716.  Title  in  state,  without  deed 286 

717.  Sale  for  cash— Certificate 286 

718.  Sale  on  credit 286 

719.  Fees  and  damages 286 

720.  Accounts— Reports 286 

721.  Accounts  with  borrowers 286 

722  Interest,  when  loaned 286 

723.  Unsold  lands 286 

724.  Certificates  of  payment — Patent 287 

725.  Leases 287 

726.  Commissioner's  report 287 

727.  Commissioners'  duty 287 


SCHOOL    LAWS    OF    INDIANA 


PAGE 

728.  Pay  of  commissioners 287 

729.  Patents  and  recording 287 

730.  Pay  for  managing  fund 287 

7:;  1 .     Extension  of  payments 288 

732.  Forfeiture,  how  prevented 288 

733.  Forfeited  lands 288 

734.  Appraisement  of  lands 288 

735.  Where  filed  and  recorded 288 

736.  Duty  of  county  auditors 289 

737.  Notice  of  sale 289 

738.  Sale 289 

739.  Terms  of  sale 289 

740.  Private  entry 289 

741.  Certificate  of  purchase 289 

742.  Certificate  to  be  registered 289 

743.  Certificate  assignable 289 

744.  Forfeiture 290 

745.  Surplus 290 

746.  Forfeiture,  how  prevented 290 

747.  Land,  how  redeemed 290 

748.  Security 290 

749.  Suit  for  waste 290 

750.  Patent  on  full  payment 290 

7.~>1 .     Auditor's  report 290 

752.  Treasurer's  report 291 

753.  To  pay  money  to  state  treasurer 291 

754.  Pay  to  auditor  and  treasurer 291 

Loans 291 

7."»(i.     Disposition  of  proceeds 291 

7.->7.     Report  of  sales 291 

758.     One  trustee  to  attend  sales 291 

7.V.J.     No  member  to  deal  in  the  lands 292 

760.  Trustees  to  get  information 292 

761.  State  treasurer  collects  loan 292 

762.  County  auditors  loan 292 

763.  Auditor  of  state  can  not  loan 293 

764.  Counties  pay  interest 293 

Suit  for  deficiency  after  sale 293 

766.     School  of  medirin. 293 

MIAI'TKK    XXIX. 

PURDUI    UNIVERSITY. 

7<17.     Agricultural  college  scrip 295 

768.     The  first  trustees  and  original  name 295 

Sale  and  investment  of  scrip 295 

770.  Donations  accepted 296 

771.  Location 296 

772.  Permanent  name. .  296 


J6  SCHOOL   LAWS    OF    INDIANA 

SEC.  PAGE 

773.  Corporate  name — Powers  and  duties  of  trustees 296 

774.  Dedication  of  street 297 

775.  Power  to  dedicate 297 

776.  Privileges  of  John  Purdue 297 

777.  Amendment  or  repeal 297 

778.  Appointment  of  trustees 297 

779.  Term  of  office 298 

780.  Vacancies,  how  filled 298 

781.  Officers — Treasurer's  bond  and  duties 298 

782.  County  students 298 

783.  Students 298 

784.  Investment  of  fund 299 

785.  Gift  to  establish  institute  of  technology 299 

786.  Farmer's  reading  courses 299 

787.  Agriculture — Rural  improvement — Appropriation 300 

788.  Uses  of  appropriation 300 

789.  Extension  department 300 

790.  Farmer's  institute — County  a.uditor 300 

791.  County  council — Appropriation 301 

792.  Repeal 301 

793.  Acceptance  of  U.  S.  grant 301 

794.  Agricultural  experiment  station  work — Appropriation 301 

795.  Uses  of  appropriation 302 

796.  Work— How  carried  out 302 

797.  Preamble 302 

798.  Purdue  University — G  overnment  grant 303 

799.  Donations  to  state  educational,  charitable  or  benevolent  institu- 

tions   303 

800.  Annuity  provisions 303 

801.  Appraisers — Approval  of  Governor 303 

802.  Payment  of  annuities  may  be  secured 303 

803.  Annuities  not  taxable 303 

804.  Institutions  restricted 304 

805.  Money  held  in  trust  by  state 304 

806.  Gifts  legalized 304 

CHAPTER  XXX. 

TOWNSHIP    ADVISORY   BOARD. 

807.  Township  advisory  board — Term — Vacancies — Duties 305 

808.  .  Taxpayers  may  attend 306 

809.  Annual  meeting — Expenditures  and  tax  levy 306 

810.  Township  trustees — Estimate  of  expenditures — Townships  classi- 

fied    307 

811.  Compensation  of  board  if  desired 309 

812.  Township — Emergency  expenditures — Called  meeting  advisory 

board 309 

813.  Financial  record 310 

814.  Annual  settlement  with  the  board. .                             310 


SCHOOL    LAWS    OF    INDIANA 


27 


SEC.  PAGE 

815.  New  schoolhouse — School  supplies 311 

816.  Trustees'  pay 312 

817.  Contracts  void 312 

818.  Appointment  of  first  members  of  board 312 

k  CHAPTER  XXXI. 
STATE     LIBRARY. 

819.  Management 313 

820.  Election  of  librarian — Term 313 

821.  Term  of  office— Bond 313 

822.  Library,  when  to  be  kept  open 313 

823.  Preservation  of  state  documents 313 

824.  Legislative  papers,  preservation 313 

825.  Exchanges 313 

826.  Misappropriation  of  books 314 

827.  Loan  of  books 314 

828.  Rules  and  regulations 314 

829.  Salaries — Reference  librarian — Cataloger — Stenographer 314 

830.  Report  of  receipts  and  expenditures 314 

831.  Removal  of  librarian  or  assistants 314 

832.  Violation  of  this  act,  penalty 314 

833.  State  librarian — Public  documents 314 

834.  Distribution  of  publication 315 

CHAPTER  XXXII. 

FREE     LIBRARIES. 

835.  Cify  and  town  tax  for  library — Subscription '316 

836.  Subscriptions  filed  with  clerk  of  circuit  court 317 

837.  Public  libraries,  town  and  townships — Special  tax — Board.  ......  317 

838.  Certificates  of  appointment— Oath 318 

839.  Organization 319 

840.  Subscriptions  collected— Buildings— Tax 319 

841.  Tax,  how  used 319 

842.  Use  of  library — Certificates  of  membership — Township  may  use .  320 

843.  Donation  of  library 320 

844.  Removal  of  member  of  board 321 

845.  Treasurer's  report 321 

846.  Repealing  section 321 

847.  Library — Extension  of  privileges  to  townships — TaxT 321 

848.  Accounting— Report .' 322 

849.  Public  library  commission 322 

850.  Office— Duties— Employes 322 

851.  Purchase  of  books — Appropriation 323 

B52,      Library  association 323 

Advice 323 

854.  Township  library 323 

855.  Township  library  board — Township  uniting 324 


28  SCHOOL    LAWS    OF   INDIANA 

SEC.  PAGE 

856.  Official  documents 325 

857.  Member  of  commission  not  to  be  publisher 325 

858.  Schools — Cities  and  towns — Charge  of  public  library 325 

859.  Libraries  in  certain  cities 325 

860.  Tax  to  maintain 326 

861.  Libraries  in  cities  of  3,500  to  4,030 326 

862.  Acceptance  of  library 326 

863.  Payment  of  tax— Control 326 

864.  Privileges  of  library 327 

865.  Removal  of  directors 327 

866.  Library  fund 327 

867.  Tax  levy  for  library 327 

868.  Office  of  librarian  abolished 327 

869.  Library  discontinued 328 

870.  Legalizing  section 328 

871.  Real  estate 328 

872.  Real  estate  for  libraries 328 

873.  Parks  used  for  library 328 

874.  Prior  acts  legalized 329 

875.  School  and  library  tax  in  cities  of  30,000 ' 329 

876.  County  treasurer  report  to  board  of  school  commissioners 329 

877.  County  treasurer's  credits 330 

878.  School  and  library  tax  in  cities  of  15,000  to  30,000 330 

879.  Payment  of  bonds 331 

880.  Towns — Transfer  of  property  to  library  board 331 

881.  Purchase  legalized 332 

882.  County  libraries — Maintenance  and  control 332 

883.  Board  members— Certificate— Oath 332 

884.  Organization — Powers  and  duties — Funds 333 

885.  County  may  aid  city  library — Conditions 333 

886.  Board,  appointment  of — Qualifications 334 

887.  Tax  levy— How  made 334 

888.  Combination  of  city  and  county  libraries 334 

889.  Liability  of  commissioners  and  board 335 

CHAPTER  XXXIII. 

PUBLIC    DEPOSITORIES. 

890.  Public  officers— Cash  book 336 

891.  State  officers — Payments  to  treasurer 336 

892.  Institutions,  boards,  etc. — Payments  to  treasurer 336 

893.  Fees— Salary— Treasurer 337 

894.  State  board  of  finance 337 

895.  County  board  of  finance 338 

896.  Compensation 338 

897.  Cities  and  towns — Board  of  finance 338 

898.  Schools  and  township  board  of  finance 339 

899.  Depository  deposits — Treasurers 339 

900.  Requirements  as  to  depository — Bonds 339 


SCHOOL    LAWS    OF   INDIANA 


29 


PAGE 

{'  )1.     Other  forms  of  security 340 

<•  )2.     Surety  disapproved — Court  decision 340 

<  )3.     Funds — Inviting  proposals  to  receive — Notice 340 

1)4.     Proposals  for  funds — Interest — Surety 341 

(.  )5.     Creation  of  depository — Revocation — Appeal 341 

'.  06.     Selecting  state  depositories — Finance  boards — Record 341 

1  07.     Title  to  securities— Record— Default— Sale 342 

'  08.     State  institution  deposits — Treasurer's  settlement.  .  . 343 

09.     Monthly  statement  by  depositories — Checks 343 

•10.     Published  reports — Auditor's  powers 343 

HI.     Selection  without  advertising — Outside  of  county 344 

)12.     Daily  deposits — Embezzlement — Penalties 344 

)13.     Official  liability— Exemption 345 

CHAPTER  XXXIV. 

TEACHERS'  INSTITUTES. 

915.  Township  institutes — Attendance — Wages 346 

916.  Schools  in  session  on  Saturdays — Wages 346 

917.  Teachers'  institutes — Expenses 346 

918.  Schools  closed 347 

>19.     Sessions 347 

CHAPTER  XXXV. 

TEACHERS'  PENSIONS. 
STATE  WIDE  LAW. 

920.  Teachers'  pensions — Fund-created 350 

921.  „  Fund  consists  of 350 

922.  '  Board  of  trustees— Control 351 

923.  Organization  of  board 351 

924.  State  divided— Units 352 

925.  Units  petition 352 

926.  Acceptance  of  act 352 

927.  State  institutions — Educational — Acceptance  of  act 353 

928.  Duties  of  trustees 354 

929.  Fund  in  control  of  board 354 

930.  State  treasurer — Custodian  of  funds 355 

931.  Applications  for  pension 355 

T,  iichers  assessed 355 

Payment  of  arrearages 356 

l\. ••  ord  of  units  and  teachers. 356 

Invest  merit  of  funds — Cash  on  hand 357 

\niount  of  pensions 358 

57.     Comput  ing  years  of  service 359 

Attachment — Pensions  exempt 359 

ben  eligible  to  pension 359 

I 'cnsions  withdrawn 360 

1      Subsequent  applications 360 


30  SCHOOL    LAWS    OP    INDIANA 

B.  INDIANAPOLIS  LAW. 

SEC.  PAGE 

942.  Teachers'  pension  fund — Trustees 360 

943.  Officers— Duties 361 

944.  Teachers — Pension  fund — Control — Assessment — Levy 361 

945.  Investment  of  funds 362 

946.  Sinking  fund 363 

947.  Fixing  pensions 363 

948.  Years  of  service — How  computed 364 

949.  Pensioners — Re-examination 364 

950.  Service  pension 365 

951.  Computing  time 365 

952.  Trustees — By-laws 365 

953.  Payments— When  refunded  in  part 365 

954.  Deficiency — Pro  rata  payments 366 

955.  Place  of  payment 366 

956.  Pensions  exempt  from  seizure 366 

957.  Cancellation  of  pension 366 

958.  Teacher  defined 366 

C.  TERRE  HAUTE  LAW. 

959.  Teachers'  pension  fund — Terre  Haute — Board  of  commissioners .  366 

960.  Duties  of  board  and  officers 367 

961.  Pension  fund — How  controlled 368 

962.  Funds— How  invested 369 

963.  Sinking  fund 369 

964.  Pensions — How  classified 369 

965.  Time  of  service — How  computed 370 

966.  Services  before  passage  of  act 370 

967.  By-laws  for  management 370 

968.  Pensions  exempt  from  levy 371 

969.  Teacher  defined 371 

D.  CITIES  FROM  20,000  TO  100,000  POPULATION. 

970.  Teachers'  pensions— Cities  20,000  to  100,000— Board 371 

971.  Officers  of  board— Duties 372 

972.  Rules  and  regulations 372 

973.  Fund  invested 374 

974.  Sinking  fund 374 

975.  Annual  pensions 374 

976.  Years  of  service — How  computed 375 

977.  Definition 375 

978.  Election  of  commissioners — By-laws 375 

979.  Pensions  exempt  from  attachment 376 

980.  Definition  of  "teacher." T 376 

APPENDIX. 

Constitution  of  the  State  of  Indiana 377 

Index  to  constitution 400 

General  index . .  ...  401 


CHAPTER  I. 
CONSTITUTIONAL  PROVISIONS. 


Common  schools. 
Common  school  fund. 
Principal,  a  perpetual  fund. 
Investment  and  distribution. 


SEC. 

5.  Reinvestment. 

6.  Counties — Liability. 

7.  Trust  funds  inviolate. 

8.  Superintendent  of  public  instruction. 

9.  Political  and  municipal   corporations 


ARTICLE  VIII. 
[In  force  November  1,  1851.] 

1.  Common  Schools.     1.     Knowledge  and  learning  generally  diffused 
throughout  a  community  being  essential  to  the  preservation  of  a  free  govern- 
ment, it  shall  be  the  duty  of  the  general  assembly  to  encourage,  by  all  suitable 
means,  moral,  intellectual,  scientific  -and  agricultural  improvement,  and  to 
provide  by  law  for  a  general  and  uniform  system  of  common  schools,  wherein 
t  uition  shall  be  without  charge  and  equally  open  to  all.    (§182.) 

2.  Common  School  Fund.     2.     The  common  school  fund  shall  con- 
sist of  the  congressional  township  fund,  and  the  lands  belonging  thereto; 

The  surplus  revenue  fund; 

The  saline  fund,  and  the  lands  belonging  thereto; 

The  bank  tax  fund,  and  the  fund  arising  from  the  one  hundred  and  four- 
teenth section  of  the  charter  of  the  State  Bank  of  Indiana; 

The  fund  to  be  derived  from  the  sale  of  county  seminaries,  and  the  moneys 
and  property  heretofore  held  for  such  seminaries;  from  the  fines  assessed  for 
breaches  of  the  penal  laws  of  the  state;  and  from  all  forfeitures  which  may 
accrue ; 

•All  lands  and  other  estate  which  shall  escheat  to  the  state  for  want  of 
heirs  or  kindred  entitled  to  the  inheritance; 

All  lands  that  have  been  or  may  hereafter  be  granted  to  the  state,  where 
no  special  purpose  is  expressed  in  the  grant  and  the  proceeds  of  the  sales 
thereof;  including  the  proceeds  of  the  sales  of  the  Swamp  Lands  granted  to 
the  State  of  Indiana  by  the  act  of  Congress,  of  the  28th  of  September,  1850, 
ter  deducting  the  expense  of  selecting  and  draining  the  same; 

Taxes  on  the  property  of  corporations  that  may  be  assessed  by  the  general 
assembly  for  common  school  purposes. 

1.  Fines  and  forfeitures  here  contemplated  are  such  as  are  assessed  in  criminal 
proceedings  and  not  such  penalties  as  may  be  recovered  in  civil  actions.    Thus,  if  a  law 
provides  that  any  person  violating  its  provisions  shall  be  liable  to  a  penalty  of  $200  to 
!>»•  collected  in  a  civil  action,  the  amount  does  not  go  to  the  school  fund.    See  157  Ind. 
37. 

2.  State  v.  Ind.  R.  R.  Co.,  133  Ind.  69.    Western  Union  Co.  v.  Ferguson,  157 
d.  37. 

3.  Principal,  a  Perpetual  Fund.     3.     The  principal  of  the  common 
school  fund  shall  remain  a  perpetual  fund,  which  may  be  increased,  but 
shall  never  be  diminished;  and  the   income  thereof  shall  be  inviolably  ap- 
propriated to  the  support  of  common  schools  and  to  no  other  purpose  what- 
ever.   (§184.) 

(31) 


32  SCHOOL    LAWS    OF   INDIANA 

1.  DIVERSION.  This  "fund  must  be  devoted  to  the  support  of  the  common  schools 
without  the  diversion  from  it  of  a  penny  for  any  other  purpose  whatever." — Board  v. 
State,  120  Ind.  282;  Board  v.  State,  116  Ind.  329. 

4.  Investment  and  Distribution.     4.     The  general  assembly  shall 
invest,  in  some  safe  and  profitable  manner,  all  such  portions  of  the  common 
schools  fund  as  have  not  heretofore  been  entrusted  to  the  several  counties, 
and  shall  make  provision  by  law,  for  the  distribution  among  the  several 
counties  of  the  interest  thereof.    (§185.) 

1.  "INVEST"  DEFINED.  The  word  "invest"  is  construed  as  broad  enough  to  cover 
loans  made  by  counties,  and  that  the  fund  may  be  entrusted  to  them  for  that  purpose, 
but  it  does  not  restrict  to  that  mode  of  investment. — Shoemaker  v.  Smith,  37  Ind.  122. 

5.  Reinvestment.     5.     If  any  county  shall  fail  to  demand  its  propor- 
tion of  such  interest,  for  common  school  purposes,  the  same  shall  be  rein- 
vested for  the  benefit  of  such  county.    (§186.) 

6.  Counties — Liability.     6.     The-  several  counties  shall  be  held  liable 
for  the  preservation  of  so  much  of  said  fund  as  may  be  entrusted  to  them, 
and  for  the  payment  of  the  annual  interest  thereon.    (§187.) 

1.  RENTS.  A  county  is  liable  for  rents  derived  from  unsold  congressional  town- 
ship lands. — Davis  v.  Board,  44  Ind.  38;  Board  v.  State,  116  Ind.  329. 

7.  Trust  Funds  Inviolate.     7.     All  trust  funds  held  by  the  state  shall 
remain  inviolate  and  be  faithfully  and  exclusively  applied  to  the  purposes 
for  which  the  trust  was  created.    (§188.) 

1.  EXPENSE  OF  MANAGEMENT.  The  constitution  requires  the  counties  to  bear 
the  expense  of  managing  the  school  fund ;  and  if  they  pay  out  any  part  of  the  fund  for 
such  expense  they  are  liable  to  make  the  loss  good. — Board  v.  State,  103  Ind.  497; 
Vanarsdall  v.  State,  65  Ind.  176;  State  v.  Board,  90  Ind.  359;  Board  v.  State,  116  Ind. 
329;  Board  v.  State,  138  Ind.  395. 

8.  Superintendent  of  Publi6  Instruction.    8.    The  general  assembly 
shall  provide  for  the  election,  by  the  voters  of  the  state,  of  a  state  superin- 
tendent of  public  instruction,  who  shall  hold  his  office  for  two  years,  and  whose 
duties  and  compensation  shall  be  prescribed  by  law.    (§189.) 

ARTICLE  XIII 

9.  Political  and  Municipal  Corporations.     1.  No  political  or  munic- 
ipal corporation  in  this  state  shall  ever     become  indebted,  in  any  manner 
or  for  any  purpose,  to  any  amount,  in  the  aggregate  exceeding  two  per  centum 
on  the  value  of  taxable  property  within  such  corporation,  to  be  ascertained 
by  the  last  assessment  for  state  and  county  taxes,  previous  to  the  incurring 
of  such  indebtedness,  and  all  bonds  or  obligations  in  excess  of  such  amount, 
given  by  such  corporations,  shall  be  void:     Provided,  That  in  time  of  war, 
foreign  invasion,  or  other  great  public  calamity  on  petition  of  a  majority  of 
the  property  owners,  in  number  and  value,  within  the  limits  of  such  corpora- 
tion, the  public  authorities,  in  their  discretion,  may  incur  obligations  neces- 
sary for  the  public  protection  and  defense,  to  such  an  amount  as  may  be 
requested  in  such  petition.     (§190.) 

Amendment  of  March  24,  1881. 


1.     The  civil  city  and  the  school  city  are  distinct  corporations  under  this  section  and 
ach  may  heroine  indebted  to  an  amount  equal  to  two  per  cent  of  their  assessed  valua- 
ion.    Sic  lit  inl  v.  City  of  Terre  Haute,  161  Ind.  44;  Campbell  v.  City  of  Indianapolis, 
I.  186. 

This  article  applies  to  bonds  issued  by  cities  and  towns  to  build  schoolhouses. 
-Town  of  Winamac  v.  Huddleston,  132  Ind.  217;  Wilcoxon  v.  City  of  Bluffton,  153 
nd.  267.  Debts  contracted  by  the  school  corporation  of  a  city  for  school  purposes 
•an  not  be  considered  as  debts  of  the  civil  city  in  determining  the  amount  of  its  in- 
im-ss  when  such  civil  city  had  no  part  in  contracting  such  debts,  even  though 
iuch  debts  may  not  be  valid  obligations  against  such  school  corporation.  Heinl  v.  City 
)f  Terre  Haute,  161  Ind.  44.  The  indebtedness  contracted  by  the  school  authorities 
.n  cities  of  100,000  is  not  to  be  considered  as  the  indebtedness  of  the  civil  corporation 
1 1.  -1« -termini nir  \\hethersuchcorporationisindebted  to  the  constitutional  limit.  Carnp- 
bell  v.  City  of  Indianapolis,  155  Ind.  186.  In  computing  the  indebtedness  of  a  school 
city,  the  debts  of  a  civil  city  are  not  to  be  included  — Caldwell  v.  Bauer,  99  N.  E.  117. 


34 


SCHOOL    LAWS    OF    INDIANA 


CHAPTER  II. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


SEC. 

9a.  Superintendent — Election. 

10.  Commencement  of  term — Oath. 

11.  Duties — Office — Clerks. 

12.  Report  to  Governor. 

13.  Report  to  general  assembly. 

14.  Duties. 

15.  Traveling  expenses. 


SEC. 

16.  Supervision  of  school  funds. 

17.  May  require  reports. 

18.  Blanks  and  forms. 

19.  Shall  publish  school  law. 

20.  Journals,  etc.,  to  libraries. 

21.  Certificates  from  other  states. 

22.  Schedule  of  item  for  success  grades. 


[Acts  1865,  p.  3.     Approved  and  in  force  March  6,  1865.] 

9a.  Superintendent — Election.  119.  There  shall  be  elected  by  the 
qualified  voters  of  the  state,  at  a  general  election,  a  state  superintendent  of 
public  instruction,  who  shall  hold  his  office  for  two  years.  ( §6293.) 

I.  Salaries. 

FOR  THE  FISCAL  TEAR,  1917-1918,  THE  FOLLOWING  AMOUNTS  WERE  APPROPRIATED 
FOR    THE    DEPARTMENT    OF    PUBLIC    INSTRUCTION. 

Salary  of  Superintendent $5 , 000 . 00 

Salary  of  Assistant  Superintendent 2 , 500 . 00 

Salary  of  Deputy  Superintendent 1 , 800 . 00 

Salary  of  Clerk 1,400.00 

Salary  of  High  School  Inspector 2 , 500 . 00 

Salary  of  Stenographer 900 . 00 

Office  and  traveling  expenses 2 , 000 . 00 

10.  Commencement  of  Term — Oath.  120.  His  official  term  shall 
commence  on  the  fifteenth  day  of  March  succeeding  his  election.  He  shall 
take  and  subscribe  the  oath  prescribed  by  law;  which  proceeding  shall  in  all 
things  conform  to  the  law  relative  to  the  oaths  of  public  officers.  (§6294.) 

II.  Duties — Office — Clerks.      121.      The    superintendent    shall    be 
charged  with  the  administration  of  the  system  of  public  instruction  and  a 
general  superintendence  of  the  business  relating  to  the  common  schools  of 
the  state,  and  of  the  school  funds  and  school  revenues  set  apart  and  appro- 
priated for  their  support.    A  suitable  office  shall  be  furnished  for  him  at  the 
seat  of  government,  in  which  the  books,  papers  and  effects  relating  to  the 
business  of  said  office  shall  be  kept;  and  there  he  shall  give  reasonable  at- 
tendance to  the  business  and  duties  of  the  office.    He  shall  render  an  opinion 
in  writing,  to  any  school  officer  asking  the  same,  touching  the  administration 
or  construction  of  the  school  law.    He  is  hereby  authorized  to  employ  two 
clerks  for  said  office,  to  be  paid  as  the  clerks  of  the  office  of  the  auditor  of 
state  are  paid;  and  the  sum  of  eighteen  hundred  dollars  is  hereby  annually 
appropriated  for  that  purpose.    (§6295.) 

1.  OPINIONS.  He  is  not  bound  to  give  opinions  except  to  school  officers — that  is 
county  auditors,  county  treasurers  and  superintendents,  township  trustees,  school 


SCHOOL    LAWS    OF    INDIANA 


35 


• 


directors,  and  school  trustees  of  towns  and  cities.    But  the  courtesy  of  superintendents 
-tablished  the  custom  of  answering  questions  touching  the  construction  and  ad- 
ministration of  the  school  laws  for  all  who  need  such  information. 

•2.  His  OPINION  ENTITLED  TO  CONSIDERATION.  When  a  law  admits  of  different 
constructions,  it  is  well  settled  that  the  usage  under  it  and  the  practical  construction 
of  it  for  a  series  of  years,  is  entitled  to  great  weight,  and  sometimes  may  be  decisive. — 
Appeal  of  Cottrell.  10  R.  I.  615. 

12.  Report  to  Governor.    122.    In  the  month  of  January  in  each  year 
in  which  there  is  no  regular  session  of  the  general  assembly,  he  shall  make  a 
brief  report,  in  writing,  to  the  Governor,  indicating,  in  general  terms,  the 
enumeration  of  the  children  of  the  state  for  common  school  purposes,  the 
additions  to  the  permanent  school  fund  within  the  year,  the  amount  of  school 
revenue  collected  within  the  year,  and  the  amounts  apportioned  and  dis- 
tributed to  the  schools.    (§6297.) 

13.  Report  to  General  Assembly.     123.     At  each  regular  session  of 
the  general  assembly,  on  or  before  the  fifteenth  day  of  January,  said  super- 
intendent shall  present  a  biennial  report  of  his  administration  of  the  system 
of  public  instruction,  in  which  he  shall  furnish  a  brief  exhibit: 

First.  Of  his  labors,  the  results  of  his  experience  and  observation  as  to 
the  operation  of  said  system,  and  suggest  the  remedy  for  observed  imperfec- 
tion-^. 

Second.  Of  the  amount  of  the  permanent  school  funds,  and  their  general 
condition  as  to  safety  of  manner  of  investment;  the  amount  of  revenue 
annually  derived  therefrom,  and  from  other  sources;  estimates  for  the 
following  two  years;  and  the  estimated  value  of  all  other  property  set  apart 
or  appropriated  for  school  purposes. 

Third.  Of  such  plans  as  he  may  have  matured  for  the  better  organiza- 
tion of  the  schools,  and  for  the  increase,  safe  investment,  and  better  preserva- 
tion and  management  of  the  permanent  school  funds  and  for  the  increase 
and  more  economical  expenditure  of  the  revenue  for  tuition. 

Fourth.  He  shall  present  a  comparison  of  the  results  of  the  year  then 
dosing  with  those  of  the  year  next  preceding,  and,  if  deemed  expedient,  of 
preceding  that,  so  as  to  indicate  the  progress  made  in  the  business  of 
public  instruction. 

Fifth.  He  shall  furnish  such  other  information  relative  to  the  system 
of  public  instruction — the  schools,  their  permanent  funds,  annual  revenues, 
aa  In-  may  think  to  be  of  interest  to  the  general  assembly. 

He  shall  apix-nd  to  said  report  statistical  tables,  compiled  from  the  ma- 
terials transmitted  to  his  office  by  the  proper  officers,  with  proper  summaries, 
.res  and  totals  appended  thereto.  He  shall  append  a  statement  of  the 
semi-annual  collections  of  school  revenue,  and  his  apportionment  thereof; 
and,  when  he  deems  it  of  sufficient  inteiest  to  do  so,  he  shall  append  extracts 
from  the  correspondence  of  school  officers,  tending  to  show  either  the  salutary 
or  defect ive  operation  of  the  system  or  of  any  of  its  parts;  and  shall  cause 
ten  thousand  copies  to  be  printed  and  distributed  to  the  several  counties  of 
(§6298.) 


1  1.  Duties.  r_M.  He  shall  visit  each  county  in  the  state  at  least  once 
during  his  term  of  office,  and  examine  the  auditor's  books  and  records  relative 
to  the  school  funds  and  revenues  with  a  view  to  ascertain  the  amount  and 


36  SCHOOL    LAWS    OF    INDIANA 

the  safetjr  and  preservation  of  said  funds  and  revenues;  and  for  that  purpose 
he  shall  have  access  to,  and  full  power  to  require  for  inspection  the  use  of  the 
books  and  papers  of  the  auditor's  office.  Whenever  he  may  discover  that 
any  of  the  school  funds  are  unsafely  invested  and  unproductive  of  school 
revenue,  or  that  any  of  the  school  revenues  have  been  diverted  from  their 
proper  objects,  he  shall  report  the  same  to  the  general  assembly.  He  shall 
meet  with  such  school  officers  as  may  attend  his  appointment,  counseling 
with  the  teachers,  and  lecturing  upon  topics  calculated  to  subserve  the 
interests  of  popular  education.  ( §6299. ) 

15.  Traveling  Expenses.   125.    He  shall  receive,  for  traveling  and  other 
expenses  while  traveling  on  the  business  of  the  department,  a  sum  not 
exceeding  six  hundred  dollars  per  annum,  and  an  appropriation  of  that  amount 
is  hereby  made  for  that  purpose  annually.    (§6300.) 

1.  NOTE.  The  traveling  expense  fund  is  by  appropriation,  $1,000.00;  the  office 
expense  fund  is  also  $1,000.00. 

16.  Supervision  of  School  Funds.    126.    He  shall  exercise  such  super- 
vision over  the  school  funds  and  revenues  as  may  be  necessary  to  ascertain 
their  safety,  and  secure  their  preservation  and  application  to  the  proper  ob- 
ject; and  cause  to  be  instituted  in  the  name  of  the  State  of  Indiana,  for  the 
use  of  the  proper  fund  or  revenue,  all  suits  necessary  for  the  recovery  of  any 
portion  of  said  funds  or  revenues.    It  is  hereby  made  the  duty  of  the  proper 
circuit  prosecuting  attorney  to  prosecute  all  such  suits  at  the  instance  of 
the  superintendent,  and  without  charge  against  said  funds  or  revenue.  ( §6301.) 

1.  MAY  EMPLOY  ATTORNEY.  This  section  authorizes  the  state  superintendent  and 
auditor  of  state  to  employ  an  attorney  to  collect  a  claim  due  the  school  fund,  and  their 
contract  in  this  behalf  is  the  contract  of  the  state. — State  v.  Sims,  76  Ind.  328. 

17.  May  Require  Reports.  127.  He  may  require  of  the  county  auditors, 
county  superintendents,  county  treasurers,  trustees,  clerks,  and  treasurers, 
copies  of  all  reports  required  to  be  made  by  them,  and  all  such  other  informa- 
tion in  relation  to  the  duties  of  their  respective  offices,  so  far  as  they  relate 
to  the  condition  of  the  school  funds,  revenues  and  property  of  the  common 
schools  and  the  condition  and  management  of  such  schools,  as  he  may  deem 
important.    (§6302.) 

18.  Blanks  and  Forms.    128.     He  may  prepare,  and  transmit  to  the 
proper  officers,  suitable  forms  and  regulations  for  making  all  reports,  and 
the  necessary  blanks  therefor,  and  all  necessary  instructions  for  the  better 
organization  and  government  of  common  schools,  and  conducting  all  neces- 
sary proceedings  under  this  act.    (§6303.) 

19.  Shall  Publish  School  Laws.   129.    He  shall  cause  as  many  copies 
of  the  acts  of  the  general  assembly  in  relation  to  the  common  schools  or  the 
school  funds,  with  necessary  forms,  instructions    and  regulations,  to  be  from 
time  to  time  printed  and  distributed  among  the  school  townships  as  he  shall 
deem  the  public  good  requires.    (§6305.) 

20.  Journals,  etc.,  to  Libraries.     130.  He  shall  supply  each  common 
school  library  with  the  legislative  and  documentary  journals,   and  the  acts 
of  each  session  of  the  general  assembly  and  his  own  annual  reports.    At  the 


SCHOOL    LAWS    OF   INDIANA 

•\  pi  ration  of  his  term  of  office  he  shall  deliver  to  his  successor  possession  of 
the  office,  and  all  books,  records,  documents,  papers,  and  other  articles  p«  r- 

tuiriin.ir  or  belonging  to  his  office.     (§6306.) 

[Acts  1899,  p.  448.     Approved  March  4,  1899.      In  force  April  28,  1899.] 

21.  Certificates  from  Other  States.     1.    The  state  superintendent  of 
pul.lic  instruction  may  countersign  the  life  state  certificate  of  teachers  of 
other  states,   when  the  holders  of  such  certificates  shall  have  furnished 
satisfactory  evidence  of  good  moral  character,  and  experience  and  success 
in  teaching,  as  is  required  for  life  state  certificates  in  this  state;  and  when 
so  countersigned  such  certificates  shall  be  valid  in  any  of  the  schools  of  this 
state:    Provided,  That  the  requirements  for  obtaining  the  life  state  certificates 
of  other  states  shall  be  equivalent  to  the  requirements  for  the  same  certificates 
in  this  state.    (§6312.) 

1.     NOTE.     Only  life  state  certificates  can  be  countersigned. 

22.  Schedule  of  Items  for  Success  Grades.     8.     The  state  superin- 
tendent of  public  instruction  is  hereby  required  to  provide  from  time  to  time 
such  schedule  of  items  as  should  in  his  judgment,  enter  into  the  record  and 
grading  of  a  teacher's  success  by  the  city,  town,  and  county  superintendent 
of  schools.    (Acts  1915,  p.  632.) 

1 .     See  section  46  for  schedule  for  success  grade. 


38 


SCHOOL    LAWS    OF    INDIANA 


CHAPTER   III. 


STATE  BOARD  OF  EDUCATION. 


SEC. 

23.  State  board  of  education. 

24.  Duties  and  powers. 


SEC. 

25.  State  certificates. 

26.  Pay  and  mileage  of  board. 


23.     State  Board  of  Education.       (Acts  of  1913,   p.   39.)      7.     The 

state  board  of  education  shall  consist  of  the  superintendent  of  public 
instruction,  the  presidents  of  Purdue  University,  the  State  University 
and  the  State  normal  school,  superintendents  of  schools  of  the  three  cities 
having  the  largest  enumeration  of  children  for  school  purposes  annually 
reported  to  the  state  superintendent  of  public  instruction,  as  provided  by  law, 
three  citizens  actively  engaged  in  educational  work  in  the  state,  at  least 
one  of  whom  shall  be  a  county  superintendent  of  schools,  and  three  persons 
actively  interested  in,  and  of  known  sympathy  with,  vocational  education, 
one  of  whom  shall  be  a  representative  of  employes  and  one  of  employers. 

The  Governor  shall  appoint  the  members  of  the  board,  except  the  ex  officio 
members,  for  a  term  of  four  years. 

In  the  first  instance  one  member  shall  be  appointed  for  two  years,  one 
for  three  years  and  one  for  four  years.  The  present  appointive  members 
shall  serve  until  the  expiration  of  the  time  for  which  they  were  appointed. 
The  Governor  shall  fill  all  vacancies  occurring  in  the  board  for  the  unexpired 
term,  and  each  member  shall  serve  until  his  successor  shall  have  been  ap- 
pointed and  qualified-. 

The  superintendent  of  public  instruction  shall,  ex  officio,  be  president 
of  the  board,  and  in  his  absence  the  members  present  shall  elect  a  president 
pro  tempore;  The  board  shall  elect  one  of  its  members  secretary  and  treas- 
urer, who  shall  have  the  custody  of  its  records,  papers  and  effects,  and  shall 
keep  minutes  of  its  proceedings.  The  records,  papers,  effects  and  minutes 
shall  be  kept  at  the  office  of  the  superintendent,  and  shall  be  open  for  inspec- 
tion. The  board  shall  meet  upon  the  call  of  the  president,  or  a  majority  of 
its  members,  at  such  place  in  the  state  as  may  be  designated  in  the  call. 
They  shall  adopt  and  use  a  seal,  on  the  face  of  which  shall  be  the  words 
"Indiana  state  board  of  education,"  or  such  other  device  or  motto  as  the 
board  may  direct,  an  impression  and  written  description  of  which  shall  be 
recorded  on  the  minutes  of  the  board  and  filed  in  the  office  of  the  secretary 
of  state,  which  seal  shall  be  used  for  the  authentication  of  the  acts  of  the 
board  and  the  important  acts  of  the  superintendent  of  public  instruction. 

The  board  shall  have  all  the  powers  and  perform  all  the  duties  now  im- 
posed by  law  on  the  state  board  of  education.  (§6641g.) 


24. 


[Acts  1865,  p.  3.    Approved  March  6,  1865.] 
Duties    and  Powers.     154.     Said   board,    at   its    meeting,    shall 


perform  such  duties  as  are  prescribed  by  law,  and  may  make  and  adopt  such 


II 


rules,  by-laws  and  regulations  as  may  be  necessary  for  its  own  government, 
and  for  the  complete  carrying  into  effect  the  provisions  of  the  next  section 
of  this  act,  and  not  in  conflict  with  the  laws  of  the  state,  and  shall  take  cog- 
nizance of  such  questions  as  may  arise  in  the  practical  administration  of  the 
school  system  not  otherwise  provided  for,  and  duly  consider,  discuss,  and 
determine  the  same.  (§6310.) 

1.  COUNTY  SUFEKINTKNDENT.  It  is  the  duty  of  the  county  superintendent  to 
carry  out  the  instructions  of  the  state  board  and  state  superintendent. 

25.  State  Certificates.  155.  Said  board  may  grant  state  certificates 
of  qualification  to  such  teachers  as  may,  upon  a  thorough  and  critical  exam- 
ination, he  found  to  possess  eminent  scholarship  and  professional  ability, 
and  shall  furnish  satisfactory  evidence  of  good  moral  character.  They 
shall  hold  stated  meetings,  at  which  they  shall  examine  all  applicants,  and 
those  found  to  possess  the  qualifications  herein  above  named  shall  receive 
such  certificate,  signed  by  the  president  of  the  board,  and  impressed  with 
the  seal  thereof;  and  the  said  certificate  shall  entitle  the  holder  to  teach  in 
any  of  the  schools  of  the  state  without  further  examination,  and  shall  also 
be  valid  the  lifetime  of  said  holder,  unless  revoked  by  said  board.  Each 
applicant  for  examination  shall,  on  making  application,  pay  into  the  treas- 
urer of  the  board  five  dollars  as  a  fee.  (§6311.) 

TEACHERS'  LICENSES. 

Th»>  laws  of  Indiana  give  the  power  to  issue  teachers'  licenses  to  the  state  board  of 
education,  the  superintendent  of  public  instruction  and  the  county  superintendents. 

The  state  board  of  education  has  general  control  of  the  entire  system.  This  board 
prepares  the  uniform  questions  to  be  used  in  the  examinations,  fixes  the  standards  and 
arrange-  for  licensing  the  teachers  in  those  subjects  not  provided  for  by  specific  statutes. 

The  general  regulations  relating  to  teacher's  licenses  are  as  follows: 

1.     LICENSES  ISSUED  BY  STATE  BOARD  OF  EDUCATION. 

A.     Professional. 

(Division  1  of  Life  State.)  Valid  for  eight  years  in  any  public  school 
of  the  state,  for  all  subjects  except  vocational  and  prevocational  subjects. 
The  examination  for  this  license  is  held  annually  on  the  last  Saturday  in 
February.  The  subjects  are:  Algebra,  Civil  Government,  American  Litera- 
ture, Science  of  Education  and  two  of  these  six:  Physics,  Botany,  German, 
French,  Spanish  and  Latin. 

To  be  eligible  for  this  examination  the  applicant  must  have  held  two 
thirty-six  months'  common  school  licenses.  In  addition  he  must  have  had 
at  least  forty-eight  months  successful  experience  as  a  teacher. 

Licenses  are  granted  to  those  who  make  a  general  average  of  85  per  cent 
and  do  not  fall  below  75  per  cent  in  any  subject.  If  the  average  is  85  per 
cent  or  more  and  the  grade  in  a  single  subject  is  below  75  per  cent  the  appli- 
cant is  conditioned.  If  a  passing  grade  is  made  in  the  conditioned  subject 
at  the  next  annual  examination,  a  license  is  issued.  No  fee  is  required  for 
this  examination. 

\ty  months'  licenses  are  no  longer  issued,  but  a  sixty  months'  license 
uraiited  under  the  operation  of  the  former  law  may  be  offered  to  meet  the  eligibility 
requirement  for  tho  professional  examination  on  the  same  basis  as  a  thirty-six  months' 

license. 


40  SCHOOL   LAWS    OF   INDIANA 

B.     Life. 

(1)  (For  Holders  of  Professional  Licenses.)  Valid  for  life  in  any 
public  school  of  the  state,  for  all  subjects  except  vocational  and  prevo- 
cational  subjects.  The  examination  is  held  annually  in  April  and  is  open 
to  any  one  who  holds  a  professional  license.  The  subjects  are:  Geometry, 
Rhetoric,  General  History,  English  Literature,  Physical  Geography  and  two 
of  these  three:  Chemistry,  Geology  and  Zoology. 

;  .    The  professional  license  regulations  as   to  grades    and  conditions  apply 
without  change  to  this  general  life  license. 
The  fee  for  this  examination  is  five  dollars. 

Note.  The  holder  of  a  professional  license  can  not  offer  such  license  to  meet 
the  eligibility  requirement  for  the  Life  State  examination  after  the  year  of  the  expira- 
tion of  the  professional  license. 

(2}  (For  Graduates  of  Standard  Colleges.}  Valid  for  life  in  any  public 
school  of  the  state,  for  all  subjects  except  vocational  and  pre-vocational  sub- 
jects. The  examination  is  held  annually  in  April.  It  is  open  to  graduates 
of  standard  colleges  who  have  held  a  thirty-six  months'  common  school  li- 
cense, or  a  license  of  higher  grade,  and  who  have  had  thirty  months  success- 
ful experience  with  at  least  ten  months  of  it  in  Indiana.  The  subjects  are 
any  three  of  the  following:  General  History  of  Education,  the  School  Sys- 
tem and  the  School  Law  of  Indiana,  Educational  Psychology,  Experimental 
Psychology  and  Child  Study,  Leading  School  System  of  Europe  and  America, 
Science  of  Education,  and  Principles  and  Methods  of  Instruction. 

The  grades  required  are  the  same  as  those  for  a  Professional  License. 
No  conditions  are  allowed. 

The  fee  for  this  examination  is  five  dollars. 

NOTKS.  For  C.raduates  of  Standard  Colleges  only.  The  state  board  of  education 
revised  its  rules  governing  applicants  for  life  state  licenses  by  the  addition  of  the 
following  resolutions : 

Resolved,  That  the  rules  of  the  state  board  of  education  relating  to  examinations 
for  and  the  granting  of  life  state  licenses  shall  be  and  are  hereby  amended  by  the 
addition  of  the  following:  All  graduates  of  higher  institutions  of  learning  in  Indiana, 
or  other  institutions  of  equal  rank  in  other  states  approved  by  this  board,  which  re- 
quire graduation  from  Commissioned  High  Schools,  or  the  equivalent  of  the  same, 
as  a  condition  of  entrance,  which  maintain  standard  courses  of  study  of  at  least  four 
years,  and  whose  work,  as  to  scope  and  quality,  is  approved  by  the  state  board  of 
education,  shall  on  complying  with  the  conditions  (stated  above),  be  entitled  to  life 
state  licenses  to  teach  in  Indiana. 

2.  '  The  state  board  of  education  reserves  the  right  to  call  before  it  any  applicant 
for  oral  examination,  in  addition  to  the  written  examination  based  upon  the  questions 
submitted  for  life  state  and  professional  licenses  (p.  429,  record). 

RULES  FOR  PROFESSIONAL  AND  LIFE  EXAMINATION. 

1.  Write  upon  one  side  of  the  paper  only,  using  legal  cap. 

2.  See  that  the  answers  to  the  questions  in  each  branch  are  entirely 
separate  from  those  of  any  other  branch,  and  securely  fastened  together. 

3.  Write  full  name  and  postoffice  address  upon  each  set  of  answers,  and 
upon  every  sheet  disconnected  from  the  first  one. 

4.  Answer  the  general  questions  upon  a  separate  sheet. 

5.  Furnish  the  examiner  with  a  certified  statement  of  experience  and 
with  three  testimonials  as  to  success. 

k6.     Furnish  the  necessary  postage  to  forward  your  manuscript  to  Indian- 
apolis. 


SCHOOL    LAWS    OF   INDIANA 


PLACES  FOR  PROFESSIONAL  AND  LIFE  EXAMINATIONS. 

State  board  examinations  are  held  annually  on  the  last  Saturdays  of 
February  and  April  at  the  following  places: 

1.  In  the  Department  of  Public  Instruction,  State  House, 

2.  In  the  office  of  the  City  Superintendent  of  Schools,  Ft.  Wayne. 

3.  In  the  office  of  the  City  Superintendent  of  Schools,  Evansville. 

4.  In  the  office  of  the  City  Superintendent  of  Schools,  Valparaiso. 

5.  In  the  office  of  the  County  Superintendent  of  Schools,  Richmond. 

6.  In  the  office  of  the  President  of  the  State  Normal  School,  Terre  Haute. 

7.  In  the  office  of  the  President  of  Purdue  University,  Lafayette. 

8.  In  the  office  of  the  City  Superintendent  of  Schools,  New  Albany. 

9.  In  the  office  of  the  President  of  Indiana  University,  Bloomington. 

It  is  recommended  by  the  state  board  of  education  that  the  county 
superintendents  require  the  registration  of  professional  and  life  state  li- 
censes, when  the  holders  of  such  licenses  desire  to  contract  to  teach  within 
the  county. 

It  is  recommended  by  the  state  board  of  education  that  the  daily  wage 
of  teachers  who  contract  on  professional  licenses  or  life  state  licenses  shall 
not  be  less  than  an  amount  determined  by  multiplying  four  cents  by  95, 
provided  that  2  shall  be  added  to  the  95  for  attending  the  county  institute 
the  full  number  of  days. 

C.      Special  License. 

Valid  for  three  years  to  teach  in  the  district  schools  and  the  grades  in  the 
small  towns.  By  a  law  enacted  in  1907  the  State  Board  of  Education  was 
empowered  to  provide  a  special  two  year-course  for  teachers.  This  course  is 
given  by  such  accredited  schools  as  make  proper  provision  for  it.  Graduates 
of  this  course  are  permitted  to  teach  without  examination  in  the  district 
schools  and  grades  in  the  small  towns  of  the  state  for  a  period  of  three  years 
from  the  date  of  the  completion  of  the  course.  Teachers  of  this  class  who 
desire  to  teach  in  city  schools  must  pass  the  regular  examination. 

All  two-year  special  course  teachers  without  experience  are  in  Class  A. 
Those  with  one  or  more  years'  experience  are  in  Class  B.  The  salary  grade 
in  Class  A  is  85  per  cent,  and  in  Class  B  90  per  cent.  Any  teacher  has  the 
privilege  of  raising  these  grades  by  examination. 

2.     LICENSES  ISSUED  BI  THE  STATE  SUPERINTENDENT. 
A.     Common  School. 


Require  nun  tx.  (Graduates  of  commissioned  or  certified  high 
schools  or  the  equivalent,  who  have  had  the  professional  training  required 
by  law,  are  eligible  to  receive  license  upon  this  examination.  All  teachers 
who  were  in  the  service  prior  to  August,  1908,  are  eligible. 

The  subjects  are  as  follows:  Required  of  all:  Spelling,  Writing,  Arith- 
metic, Grammar,  Literature,  United  States  History,  Reading,  Physiology 
and  Scientific  Temperance,  Geography  and  Science  of  Education.  Optional: 
Agriculture,  Domestic  Science,  Industrial  Arts,  Music,  and  Drawing. 


42 


SCHOOL    LAWS    OF    INDIANA 


For  the  year,  1916,  the  following  options  in  the  required  list  are 
allowed:  Science  of  Education  or  "The  Teacher  and  the  School" 
(Colegrove);  United  States  History  or  "The  Rise  of  the  American 
People"  (Usher). 

In  grading  writing  the  entire  manuscript  is  considered,  and  in  grading 
spelling,  one  per  cent  is  deducted  for  each  word  incorrectly  written. 

All  manuscripts  in  drawing  must  be  upon  drawing  paper  and  prepared 
with  proper  drawing  material. 

In  grading  each  subject  of  the  examination  the  quality  of  the  English 
used  shall  be  taken  into  consideration. 

When  an  applicant  writes  upon  optional  subjects,  the  grades  in  such 
subjects  will  be  considered  in  the  same  manner  as  the  grades  in  the  required 
subjects  in  determing  his  success  or  failure. 

In  each  subject  eight  questions  are  given,  and  applicants  are  required 
to  answer  six  questions  selected  from  this  list. 

Two  plans  of  examination  are  offered,  and  applicants  are  permitted  to 
elect  whether  they  will  take  the  examination  according  to  Plan  I  or  Plan 
II. 

These  plans  are  outlined  as  follows: 

Plan  I.  The  examination  is  offered  in  one  division.  Applicants  who 
elect  to  take  all  subjects  upon  one  examination,  and  who  fail  in  not  more  than 
two  subjects,  are  conditioned  and  permitted  to  write  upon  the  failing  subjects 
only  at  the  next  examination  during  the  current  examination  year.  In  case 
of  failure  in  the  conditioned  subjects,  or  in  case  of  failure  to  write  upon  such 
subjects  at  the  next  examination,  the  entire  examination  is  a  failure.  Ap- 
plicants who  fail  in  more  than  two  subjects  fail  in  the  entire  examination 
and  can  not  be  conditioned. 

Plan  II.  The  examination  is  offered  in  two  divisions.  Applicants  who 
elect  to  take  the  examination  in  two  divisions  will  be  permitted  to  take  the 
first  division  upon  one  examination,  and  if  successful,  the  second  division 
upon  the  next  examination  during  the  current  examination  year.  The 
divisions  are  as  follows: 

FIRST   DIVISION— 
Morning  subjects: 

Required  of  all:     Arithmetic,  Grammar. 

Optional  subjects:     Agriculture,  Domestic  Science,  Industrial  Arts. 
Afternoon  subjects: 

Required  of  all:     Literature,  History. 

Optional  subjects:     Music,  Drawing. 

SECOND   DIVISION— 

Morning  subjects: 

Required  of  all:     Reading,  Physiology. 
Afternoon  subjects: 

Required  of  all:     Geography,  Science  of  Education. 

Applicants  are  required  to  make  passing  grades  in  all  subjects  of  each 
division,  and  an  applicant  who  fails  in  either  division,  or  who  fails  to  write 


SCHOOL   LAWS    OF   INDIANA  43 

.pon  the  second  division  at  the  next  examination  is  a  failure  in  the  entire 
.  xamination.     Applicants  who  take  the  examination  according  to  Plan  II 
an  not  be  conditioned,  and  such  applicants  must  take  both  divisions  in  the 
ame  county. 

I  Fees.  The  fee  for  the  entire  examination  is  75  cents.  Applicants  who 
ake  the  examination  according  to  Plan  I  and  who  are  conditioned  are  not 
•equired  to  pay  a  fee  to  write  upon  conditioned  subjects.  Applicants  who 
take  the  examination  according  to  Plan  II  may  take  both  divisions  for  one 
?ee.  In  case  of  failure  in  either  division,  the  entire  examination  is  a  failure. 
An  applicant  who  fails  is  required  to  pay  a  fee  for  another  trial. 
Manuscripts  containing  subjects  in  which  applicants  were  conditioned 
must  bear  the  same  number  as  the  original  manuscript.  Second  division 
manuscripts  prepared  in  accordance  with  Plan  II  must  bear  the  same  number 
as  the  manuscripts  in  Division  I,  Plan  II.  The  kind  of  manuscript  must 
be  designated  on  the  cover  as  follows: 

Plan  I,  Conditioned  Subjects;  Plan  II,  First  Division;  or  Plan  II,  Second 
Division. 

Grades  of  Licenses  Issued. 

(1)  Twelve  months:    Valid  to  teach  the  subjects  covered  by  the  license 
in  the  elementary  grades  of  the  public  schools  of  any  county  of  the  state 
for  a  period  of  twelve  months  when  registered  by  the  county  superintendent, 
except  that  a  twelve  months'  license  issued  upon  the  October  examination 
expires  July  31st  of  the  following  year.     All  of  the  qualifications  of  Class  A 
and  an  average  of  85  per  cent,  not  falling  below  75  per  cent  in  any  subject, 
are  required.     The  holder  of  a  twelve  months'  license  is  in  Class  A. 

Note.  Certificates  of  training  must  be  on  file  in  the  Department  of  Public  In- 
struction before  a  license  can  be  issued. 

(2)  Twenty-four  months:     Valid  to  teach  the  subjects  covered  by  the 
license  in  the  elementary  grades  of  the  public  schools  of  any  county  of  the 
state  for  a  period  of  twenty-four  months  when  registered  by  the  county 
superintendent.     All  the  qualifications  of  Class  B  and  an  average  of  90  per 
cent  not  falling  below  80  per  cent  in  any  subject,  are  required.     The  holder 
of  a  twenty-four  months'  license  is  in  Class  B. 

Note.  Applicants  who  have  not  completed  the  required  training  for  this  class 
receive  such  licenses  a>  their  training  entitles  them  to,  unless  they  request  at  the  time 
they  are  examined  that  their  manuscripts  be  held  until  they  complete  their  training, 
and  ccrtiflc.it.  -  an  <m  file  in  the  Department  of  Public  Instruction. 

(5)  Thirty-six  months:  Valid  to  teach  the  subjects  covered  by  the 
license  in  the  elementary  grades  of  the  public  schools  of  any  county  of  the 
state  for  a  period  of  thirty-six  months  when  registered  by  the  county  super- 
intendent. All  the  qualifications  of  Class  C  and  an  average  of  95  per  cent, 
not  falling  below  85  per  cent  in  any  subject,  are  required.  The  holder  of 
u  t  hirty-six  months'  license  is  in  Class  C,  or  if  the  holder  has  had  five  or  more 
years'  successful  experience,  two  of  which  have  been  as  a  Class  C  teacher, 
he  is  in  Class  D. 

Note.     Same  as  note  under  twenty-four  months.    Applicants  should  be  careful 

'  the  number  of  years  they  have  taught  and  the  years  during  which  this  teaching 
wax  done.  By  so  doing  they  will  relieve  the  department  of  any  difficulty  in  determining 
their  classification. 


N 


44  SCHOOL   LAWS    OF   INDIANA 

B.  Primary. 

(Jf)  Twelve  months:  Valid  to  teach  the  common  school  branches  in 
grades  one,  two,  three,  and  four  of  the  public  schools  of  any  county  of  the 
state  for  a  period  of  twelve  months  when  registered  by  the  county  super- 
intendent. All  requirements  are  the  same  as  for  twelve  months' common 
school  license,  except  that  in 'all  subjects  applicants  for  primary  license  will 
answer  any  three  of  the  eight  common  school  questions  in  the  subject  and 
in  addition  the  three  questions  relating  to  the  primary  phase  of  the  subject. 

(2}  Twenty-four  months:  Valid  to  teach  the  common  school  subjects 
in  grades  one,  two,  three,  and  four  of  the  public  schools  of  any  county  of 
the  state  for  a  period  of  twenty-four  months  when  registered  by  the  county 
superintendent.  The  subjects  are  the  same  as  in  (1)  primary.  All  other 
requirements  are  the  same  as  for  a  twenty-four  months'  common  school 
license. 

(5)  Thirty-six  months:  Valid  to  teach  the  common  school  branches 
in  grades  one,  two,  three,  and  four  of  the  public  schools  of  any  county  in  the 
state  for  a  period  of  thirty-six  months  when  registered  by  the  county  super- 
intendent. The  subjects  are  the  same  as  in  (1)  primary.  All  other  require- 
ments are  the  same  as  for  thirty-six  months'  common  school  license. 

C.  High  School. 

The  eligibility  requirements  are  the  same  as  for  the  common  school 
examination  and  the  fee  is  75  cents  for  each  examination. 

The  subjects  are:  Literature  and  Composition,  Algebra,  Geometry, 
Commercial  Arithmetic,  Botany,  Zoology,  Chemistry,  Physics,  Physical 
Geography,  Commercial  Geography,  Physiology,  History  and  Civics,  Latin, 
German,  French,  Spanish,  Bookkeeping,  Stenography,  Music,  Drawing, 
Agriculture,  Industrial  Arts,  Domestic  Science,  Science  of  Education.  Appli- 
cants may  elect  the  subjects  to  be  taken,  but  each  manuscript  must  con- 
tain Science  of  Education.  A  manuscript  is  considered  successful  if  the 
applicant  receives  the  required  grades  and  average  in  a  majority  of  subjects 
attempted,  counting  Science  of  Education,  provided,  however,  before  an 
applicant  can  be  regarded  successful  he  must  have  a  grade  of  75  per  cent  or 
more  in  the  Science  of  Education.  In  all  Literature  examinations  the  man- 
uscript is  graded  from  0-75  on  correctness  of  answers  and  from  0-25  on  the 
quality  of  English  used. 

(1)  Twelve  months:     Valid  to  teach  the  subjects  designated  in  the  high 
schools  of  any  county  of  the  state  for  a  period  of  twelve  months  when  regis- 
tered by  the  county  superintendent.     The  eligibility  and  grade  requirements 
are  the  same  as  for  a  twelve-months'  common  school  license. 

(2)  Twenty-four  months:     Valid  to  teach  the  subjects  designated,  in 
the  high  schools  of  any  county  of  the  state  for  a  period  of  twenty-four  months 
when  registered  by  the  county  superintendent.     The  eligibility  and  grade 
requirements  are  the  same  as  for  a  twenty-four  months'  common  school 
license. 

(8)  Thirty-six  months:  Valid  to  teach  the  subjects  designated,  in  the 
high  schools  of  any  county  of  the  state  for  a  period  of  thirty-six  months 


SCHOOL   LAWS    OF    INDIANA  45 

m  registered  by  the  county  superintendent.  The  eligibility  and  grade 
requirements  are  the  same  as  for  a  thirty-six  months'  common  school  license. 

D.     Supervisor. 

Licenses  in  the  subjects  designated  below  are  issued  for  twelve,  twenty- 
four,  and  thirty-six  months.  The  eligibility,  average,  classification,  and 
registration  requirements  are  the  same  as  for  common  school  licenses  of  these 
grades. 

(1)  Music:  Valid  to  supervise  and  teach  music  in  the  public  schools 
of  any  county  of  the  state  for  the  period  designated  when  registered  by  the 
county  superintendent.  All  persons  meeting  the  eligibility  requirements 
for  a  twelve-months'  common  school  license  may  take  this  examination. 
Applicants  who  have  not  had  the  required  professional  training  may  offer  in 
lieu  of  it  the  following: 

One  year  in  an  approved  school  of  music  for  Class  A  qualifications. 

Two  years  in  an  approved  school  of  music  for  Class  B  qualifications. 

Graduation  from  a  three  years'  course  in  an  approved  school  of  music 
for  Class  C  qualifications. 

Certified  statements  of  academic  and  musical  training  must  be  filed  before 
license  can  be  issued. 

The  minimum  wage  law  applies  to  music  supervisors  in  the  same  way 
that  it  applies  to  the  regular  teachers. 

(2}  Art:  Valid  to  supervise  and  teach  art  in  the  public  schools  of  any 
county  of  the  state  for  the  period  designated  when  registered  by  the  county 
superintendent.  All  the  rules  and  regulations  pertaining  to  music  apply 
here  if  for  the  word  music  the  word  art  is  substituted. 

(5)  Industrial  Arts:     Valid  to  supervise  and  teach  industrial  arts  in  the 
public  schools  of  any  county  of  the  state  for  the  period  designated  when  reg- 
istered by  the  county  superintendent.     All  the  rules  and  regulations  pertain- 
iii£  to  music  apply  here  if  for  the  word  music  the  words  industrial  arts  are 
substituted. 

(4)  Domestic  Science:  Valid  to  supervise  and  teach  domestic  science  in 
the  public  schools  of  any  county  of  the  state  for  the  period  designated, 
when  registered  l>\-  the  county  superintendent.  All  the  rules  and  regulations 
pertaining  to  music  apply  here  if  for  the  word  music  the  words  domestic 
science  are  substituted. 

(6)  Agriculture:     Valid  to  supervise  and  teach  agriculture  in  the  public 
schools  of  any  county  of  the  state  for  the  period  designated  when  registered 
by  the  count}'  superintendent.     All  rules  and  regulations  pertaining  to  music 
apply  here  if  for  the  word  music  the  word  agriculture  is  substituted. 

(6)  Physical  Culture:  Valid  to  supervise  and  teach  physical  culture 
in  the  public  schools  of  any  county  of  the  state  for  the  period  designated, 
when  registered  by  the  county  superintendent.  All  the  rules  and  regulations 
IMTiainiiiir  to  music  apply  here  if  for  the  word  music  the  words  physical  cul- 
ture are  substituted. 


•Hi  SCHOOL    LAWS    OF    INDIANA 

10.       Kimlrrgiirlrn. 

Valid  to  leach  for  the  period  designated  in  tin-  kindergarten  schools  of 
the  stale  that  are  supported  in  whole  or  in  part  by  public  funds.  The  sub- 
jects in  the  examinations  are  kindorgart  en  I  heory  and  practice  and  Knglish. 
A|)plicants  who  have  had  I  raining  in  kindergarten  colleges  whose  courses 
measure  up  to  t  he  si  andards  fixed  l.y  the  State  Board  of  Kducation  will  be 
classified  according  to  the  requirements  for  other  supervisors,  as  above 
indicated.  The  license  \\ill  be  issued  for  twelve,  twenty-four,  and  thirty-six 
months,  in  accordance  with  the  rules  applying  to  other  licenses  of  these 
grades,  including  the  requirements  as  lo  resist  rat  iou. 

F.  By  Validation. 

(/)  Life  License.  A  life  license  from  another  stale  thai  has  been  granted 
upon  an  examinat  ion  equivalent  to  t  he  life  lie(>nse  examination  in  I  udiana  may 
be  countersigned  by  I  ht>  superintendent  of  public  instruction.  When  so 
signed,  it  becomes  valid  for  life  in  any  of  the  public  schools  of  the  state. 

(#)  State  Normal  Diplomas.  A  Slate  Normal  diploma  that  represents 
three  full  years'  normal  school  work,  preceded  by  four  years'  high  school 
\\oi-k,  may  be  countersigned  by  the  superintendent  of  public  instruction, 
provided  the  holder  of  it  has  taught  successfuly  for  two  years  since  gradua- 
tion. When  so  signed,  it  becomes  valid  for  life  in  any  of  the  public  schools 
of  the  state. 

G.  Exemption. 

(1)  Persons  who  have  taught  successfully  six  consecutive  years  in  the 
public  schools  of  the  state  and   hold  a  thirty-six  months'  state  license  are 
entitled  lo  an   exemption   license  in    the  subject  or  subjects  included   in   the 
thirty-six  months'  state  license. 

(2)  To  teachers  contracting  on  exemption  licenses,  the  minimum  wa^e 
lau  applies  on  I  he  same  basis  as  to  (Mass  ('  teachers,  the  minimum  daily  wage 
of  suoh  teachers  being  an  amount  not  less  thau  that  determined  by  multi- 
plying throe  and  one-half  cents  by  the  general  average  on  the  exemption  li- 
cense increased  by  the  addition  of  2  for  full  attendance  at  the  County  In- 
stitute. 

(3)  It  is  recommended  that  the  county  superintendents  require  the 
resist  rat  ion   of  state  exemption   licenses,   when   the  holders  of  such   licenses 
desire  to  contract  to  teach  within  the  county. 

3.     LICENSES  ISSUED  BY  THE  COUNTY  SUPERINTENDENT. 

A.  Common  School. 

(1)     Twelve- mouths.     ('2}    Twenty-four  months.    IV)    Thirty-six  months. 

B.  Primary. 

(1)     Twelvemonths.     (2)   Twenty-four  months.     (3)    Thirty-six  months. 

All  rules,  regulations  and  requirements  are  the  same  for  licenses  issued, 
by  the  county  superintendent  as  for  similar  licenses  issued  by  the  State 
Superintendent,  except  that  the  former  are  good  only  in  the  county  of 
issue,  and  il  is  not  required  that  they  be  registered. 

C.  Exemption. 

Persons  who  have  taught  successfully  six  consecutive  years  in  the  public 
schools  of  the  state  and  hold  a  thirty-six  mouths'  county  license  issued  prior 


SCHOOL    LAWS    <H     INDIANA 


47 


ptember  I.  I'.M.'i,  arc  entitled  to  :m  exemption  licence  valid  in  that 
•ountv  in  the  subject  ur  subjects  included  in  the  thirty-^ix  month-'  lie. 

Note       A  county  exemption    c;m   not    he  issued  on  a   ihirt  \--i\  months'  license  <>h- 

.'lined    .-ifli-r    -;<•(. I. -inhcr     I  ,     I'M  .". 

4.     STATK  NORMAL  DIPLOMAS  VALID  AS  Ln  i    &    n     I 
The  State  Normal  School  is  empowered  by  law   \<>  ^rant,  t  \\  o  y^AN  after 
gradual  ion.   to  all  of  its  graduates   who  have  ^iven  <:it  i.-faef  ory  evidence  of 
il    ability    to    instruct    and    manave   a    ^-hool,    diplomas    which    en- 
titled them  to  teach  for  life  in  an\  of  t  he  s«-li<>ols  of  t  he  state.      I  '  n  til  I  hey  ha\e 
had  two  yean1  -ucce-.-ful  experience  after  graduation  Stale  Normal  gradual.  - 

-ubmit    to  examination  the  same  as  all  other  teachers. 

ite  Normal  Diplomas  granted  to  graduates  of  t  he  Indiana  State  Normal 
School,  who  ha\e  taii!/ht  successfully  two  years  after  graduation,  meet  all 
licence  requirements,  except  as  indicated  in  Co)  and  '7i  In-low,  and  the  mini- 
mum wajjv  law  applies  to  such  ^raduatos  as  follows: 

I  Holder-  of  State  Normal  Diplomas,  with  two  years'  experience 
are  in  i  'lass  U.  and  their  daily  wago  shall  not  !><•  less  than  an  amount  d<-t«;r- 
mined  hy  multiplying  H  l»y  '.>().  provided  that  '2  shall  I.e  added  to 

i  he  '.»<)  for  attending  t  he  comity  in-t  it  ute  t  he  full  number  of  days. 

(2)  Holder,  of  State  Normal  Diplomas  \\ith  the-  .  \perienc»  are 
in  Class  C,  and  their  daily  wa^c  shall  not  bo  loss  than  an  amount  determined 
by  mult  iply ing  t  hr co  and  one-half  cents  by  95,  provided  t  hat  2  shall  be  addod 
to  the  !).">.  for  attending  the  county  institute  the  full  num  her  of  « i 

(3)  Holder-  of  State  Normal  diplomas   with  live  or  more  peri- 
eHOe,  at  l-.^\  two  of  which  have  heeti  taught  as  Class  C  teacher-,  are  in  (  'la  — 
D  and  their  daily  wage  shall   not    In-  le.s  than  an  amount  determined  by 
multiplying  four  cents  |,y  «»;,,  provided  that  2  shall  bo  added  to  the  95  for 
attending  the  county  institute  the  full  number  of  days. 

I  State  Normal  diploma-  meet  only  the  license  requirements  and 
teachers  holding  such  diploma-  must  be  <•!;,—  ilied  on  t  ho  basis  of  all  statU- 

requiremt 

Holders  of  State  Normal  diplomas  have  the  privilege  of  taking  the 

£  tea<-lier>'  examination  to  rai-e  t  ho  grades  used  as  a  basis  for  de- 
termining their  minimum  wage. 

(6)  Tho  holder  of  a  diploma  from  the  State  Normal  school  is  required 

•  initiation   in   pn-\  oca)  ional   subjects  in  order  to  bo  qualified 
fli  -ubji  •  t  he  holder  of  the  diploma  had  thirty-six  weeks' 

training  in  the  pn-\  ocat  ional    ubject  <,r  subjects  he  desires  to  teach,  as  a  part 
of  \n<  coiir-e  in   the  Slate   Normal  School. 

(7)  It    is    recommended   that    the  county    superintendents   require  the 
•ration  of  State   Normal   diplomas   \\hen   the   holders  of  such  diplomas 

io  c, ,,, tract    to    teach    within    the  c,,unty. 

5.     TEMPORARY  PERMITS. 
Count?   superintendents  i:  at  t  heir  di-cret  ion,  if  requested  to  do 

•tool  board  or  town-hip  tru-tee,  temporary  permits  to  teach.      Such 
permits   ,,.  BAOted   only    io   applicant,   \\ho   meet    t  he  minimum  p- 

sional  training  re(piirement- lixed  by  law  and  who  have  not  failed  in  an;, 
lar  exam  inat  ion  durim'  the  current   examination  year  preceding  tl 
applifation  for  a  permit.      A  county  permit  is  valid   until  ten  day-   after  the 


48  SCHOOL    LAWS    OF    INDIANA 

next  teachers'  examination  following  the  date  of  its  issuance,  and  for  the  pur- 
pose of  classification  a  county  permit  is  equivalent  to  a  12  months'  license 
with  an  average  of  85  per  cent. 

OTHER    EXAMINATIONS. 
1.     BY  THE  STATE  BOARD  OF  EDUCATION. 

A.  High  School  Equivalency. 

This  examination  is  for  the  benefit  of  those  who  have  not  had  a 
regular  high  school  course  in  a  certified  or  commissioned  school.  The 
examination  is  held  by  the  county  superintendent  but  the  papers  are 
marked  by  the  state  board  of  education.  A  fee  of  fifty  cents  is  charged  for 
the  first  trial  in  each  division.  Students  conditioned  in  high  school  equiva- 
lency subjects  may  write  upon  such  subjects  after  the  first  trial  without  an 
additional  fee.  Success  in  this  examination  qualifies  for  the  Normal 
Training.  The  questions  and  requirements  are  as  follows: 

First  Division. — Last  Saturday  of  January,  April,  June  and  August. 

Six  questions  in  Algebra. 

Six  questions  in  Latin  or  German. 

Six  questions  in  Botany  or  Zoology. 

Fourteen  questions  in  English. 

Second  Division. — Last  Saturday  of  March,  May.  July  and  October. 

Eight  questions  in  Geometry. 

Six  questions  in  Physics  or  Chemistry. 

Ten  questions  in  General  History  and  Civics. 

Six  questions  in  Physical  Geography. 

B.  A  passing  grade  is  a  general  average  of  85    per   cent   with   no 
grade  below  75  per  cent. 

An  applicant  falling  below  in  no  more  than  one  subject  in  each  division 
may  be  conditioned  in  that  subject  provided  he  meets  the  general  average 
requirements  in  the  other  subjects  of  that  division.  This  condition  may  be 
removed  at  some  subsequent  examination  within  the  same  calendar  year. 
Both  divisions  of  this  examination  must  be  taken  in  one  calendar  year. 

NOTES. 

1.  All  the  examination  questions  for  licenses  and  high  school  equiva- 
lency are  prepared  by  the  state  board  of  education. 

2.  All  examinations,  except  those  for  professional  and  life  state  cer- 
tificates, are  held  by  the  county  superintendents.     These  examinations  are 
held  on  the  last  Saturday  of  the  following  months:     January,  March,  April, 
May,  June,  July,  August  and  October.     The  State  Superintendent  does  not 
hold  examinations  and  no  special  examinations  are  held  by  county  superin- 
tendents. 

3.  Applicants  desiring  a  license  good  in  all  counties  of  the  state  must 
send  their  manuscripts  to  the  Department  of  Public  Instruction  to  be  graded. 
A  fee  of  seventy-five  cents  must  accompany  each  manuscript  with  the  ex- 
ceptions indicated  under  the  requirements  for  common  school  license,  ap- 
pearing elsewhere  in  this  bulletin.     The  fee  is  required  for  all  licenses  issued 
by  the  state  superintendent;  common  school,  primary,  high  school,  supervisor 
and  kindergarten.     An  applicant  who  writes  upon  more  than  one  supervisor 
subject  must  pay  seventy-five  cents  for  each  subject  taken. 


SCHOOL    LAWS    OF   INDIANA  49 

4.  Manuscripts  sent  to  the   state    superintendent  must  be  designated 
1  y  number.    A  manuscript  containing  the  author's  name,  or  any  other  means 
•  '  identification,  will  not  be  graded.     At  the  time  of  the  examination  the 
<  mnty  superintendent  should  give  each  applicant  a  receipt  showing  the  num- 
1  er  of  his   manuscript. 

5.  No  licenses  issued  by  the  State  Superintendent  are  delivered  to  the 
;  pplicants,  but  all  such  licenses  are  forwarded  to  the  county  superintendents 

i  whose  respective  counties  the  examinations  were  taken,  and  then  delivered 
1  y  the  county  superintendents  to  the  applicants. 

6.  All  common  school,  primary,  high  school,  supervisor,  and  kindergarten 
tate  licenses  are  required  by  law  to  be  registered  by  the  county  superinten- 
ent  in  whose  county  the  holders  are  to  teach.     The  state  board  of  educa- 
ion  also  recommends  that  professional  and  life  state  licenses,  and  State 
>ormal  diplomas  be  registered  likewise.     County  licenses  are  not  trans- 
erable  from  one  county  to  another. 

7.  At  the  beginning  of  each  examination  all  applicants  who  are  strangers 
nust  be  identified  both  as  to  given  and  surnames. 

8.  The  power  to  revoke  all  county  and  state  licenses  rests  with  the 
:ounty  superintendent.     The  causes  for  revocation  are  incompetency,  im- 
norality,  cruelty,  or  general  neglect  of  the  business  of  the  school. 

9.  All  applicants  who  have  taken  their  training  outside  of   the  state, 
nust  send  to  the  State  Department  certified  records  of  their  high  school  and 
professional  training  for  the  purpose  of  determining  their  classification  as  to 
CUass  A,  B  and  C  standing,  before  their  licenses  can  be  issued. 

10.  All  supervisors  and  high  school  manuscripts  must  be  sent  to  the  state 
Department  for  grading  according  to  the  law  passed  in  1915.     No  county 
licenses  are  issued  in  high  school  or  supervisor  subjects. 

11.  All  high  school  manuscripts  must  contain  Science  of  Education,  and 
no  high  school  license  can  be  issued  without  this  subject. 

12.  No  fees  are  required  for  exemption  licenses. 

13.  No  license  will  be  issued  by  the  State  Superintendent  until  the  ap- 
plicant, has  a  certificate  of  professional  training  on  file  in  the  State  Depart- 
ment. 

[Acts  1873,  p.  68.     Approved  March  8,  1873.1 

26.  Pay  and  Mileage  of  Board.  156.  The  members  of  said  board, 
other  than  the  Governor  and  state  superintendent  of  public  instruction,  shall 
be  entitled  to  receive  for  their  services,  while  actually  engaged  in  the  duties 
of  t  lu-ir  office,  five  dollars  per  day  and  five  cents  per  mile  necessarily  traveled 
wlii  1»  so  engaged;  which  amount  shall  be  certified  by  the  board  to  the  auditor 
of  the  stair,  who  shall  draw  his  warrant  therefor,  payable  out  of  the  general 
fund,  which  sum  shall  be  reimbursed  to  the  general  fund  by  the  treasurer 
of  the  board  paying  into  it  that  amount  out  of  the  money  received  by  him  as 
fees  for  certificates;  and  if  there  be  any  residue  of  money  received  as  such 
fees,  it  shall  be  expended  by  the  superintendent  of  public  instruction  in  the 
purchase  of  suitable  books  for  an  office  library.  Said  board  shall  be  allowed 
the  necessary  expenses  incurred  in  the  discharge  of  the  duties  required  of 
the  same,  for  clerk  hire,  postage,  etc. ;  which  expenses  shall  be  paid  as  the 
expenses  of  the  members  of  the  board  are  paid.  (§6319.) 


S354- 


50 


SCHOOL    LAWS    OF    INDIANA 


CHAPTER  IV. 

COUNTY  SUPERINTENDENT. 


SEC. 

27.  County    superintendents  —  Election 

— Term. 

28.  Impeachment. 

29.  County    Superintendent — Qualifica- 

tions. 

30.  Salary  in  the  several  counties. 

3 1 .  Additional  salary. 

32.  Traveling  expenses. 

33.  Assistant — Appointment. 

34.  General  duties. 

35.  Cities  exempt. 

36.  Visits  by  city  and   county    superin- 

tendents. 

37.  Examinations  for  graduation. 

38.  Schools — Examination  for  teacher's 

license. 

39.  Examination  studies. 

40.  State   board   of  education  —  Fixing 

averages. 

41.  Temporary  teaching  permits. 

42.  Professional      license — Eight      year 

term. 

43.  Exemption  from  examination. 


SEC. 

44.  Previous  exemptions  in  force. 

45.  Grade  of  success — Who  determines. 

46.  Unfair  grading. 

47.  Records  of  county  superintendent. 

48.  Report  of  State  Superintendent. 

49.  Fees  on  hand — State  treasury. 

50.  Act  effective. 

51.  May  revoke  license. 

52.  Office — Supplies. 

53.  Traffic  in  examination  questions. 

54.  When  must  enumerate. 

55.  Annual  reports. 

56.  Apportionment — Report. 

57.  Duty  as  to  school  fund. 

58.  Duty  as  to  interest  and  loss,  school 

fund. 

59.  Appeals  from  township  trustees. 

60.  Appeals    from    county    superinten- 

dents. 

61.  Interest  in  private  normal  school. 

62.  Penalty. 

63.  Duty  of  prosecuting  attorney. 


[Acts  1913,  p.  165.] 

27.  County  Superintendents — Election — Term.  1.  The  township 
trustees  of  each  county  of  this  state  shall  meet  at  the  office  of  the  auditor 
of  their  county  on  the  first  Monday  in  June,  1917,  at  ten  o'clock  a.  m.,  and 
every  four  years  thereafter,  and  elect  by  ballot  a  county  superintendent 
for  their  county.  Such  county  superintendent  shall  enter  upon  the  duties 
of  his  office  on  August  16th  following  and  unless  sooner  removed,  shall  hold 
his  office  until  his  successor  is  elected  and  qualified.  Before  entering  upon 
the  duties  of  his  office  he  shall  subscribe  and  take  an  oath  to  perform  faith- 
fully such  duties  according  to  law;  which  oath  shall  be  filed  with  the  county 
auditor.  He  shall  also  execute  a  bond,  to  the  approval  of  the  county  auditor, 
payable  to  the  State  of  Indiana,  in  the  penal  sum  of  five  thousand  dollars, 
conditioned  upon  the  faithful  discharge  of  his  duties,  according  to  law,  and 
faithfully  to  account  for  and  pay  over  to  the  proper  persons  all  moneys  which 
may  come  into  his  hands  by  virtue  of  such  office.  As  soon  as  such  bond  is 
filed,  the  county  auditor  shall  report  the  name  and  postoffice  of  the  person 
so  elected  to  the  State  Superintendent  of  public  instruction.  Whenever  a 
vacancy  may  occur  in  the  office  of  county  superintendent  the  said  township 
trustees,  on  at  least  three  day's  notice  given  by  the  county  auditor,  shall 
assemble  at  ten  o'clock  a.  m.,  on  the  day  designated  in  such  notice  at  the  office 
of  such  auditor,  and  fill  such  vacancy  by  ballot  for  the  unexpired  term.  In 
all  elections  of  a  county  superintendent  the  county  auditor  shall  be  the  clerk 


SCHOOL    LAWS    OF    INDIANA  51 


o!  such  election;  and  in  case  of  a  tie  vote  the  auditor  shall  cast  the  deciding 
v  te.     In  case  any  one  candidate  shall  receive  a  number  of  votes  equal  to 

0  e-half  of  all  the  trustees  of  the  county,  the  county  auditor  shall  then  and 
a    all  subsequent  ballots  cast  his  vote  with  the  trustees  until  some  candidate 
s  all  receive  a  majority  of  all  the  votes  in  the  county,  including  the  county 
a  .ditor.    Such  auditor  shall  keep  a  record  of  such  election  in  a  book  kept  for 
t  at  purpose.    (§6376.) 

1.  STATUTE.     For  the  statutes  concerning  impeachment  of  officers,  see  §9648. 

2.  MEETING  OF  TRUSTEES.     The  trustees  may  be  compelled  by  mandamus  to 
eet  and  elect  a  county  superintendent,  but  they  can  not  be  compelled  to  elect  a  par- 
cular  person  to  the  office.    If  they  fail  to  meet  on  the  proper  day,  they  may  thereafter 
eet  and  elect  such  officer.  —  Wampler  v.  State,  148  Ind.  557;  Sacket  v.  State,  74  Ind. 
$6.    State  v.  Harrison,  67  Ind.  71,  is  overruled  by  Wainpler's  case. 

3.  MODE  OF  ELECTION.     The  auditor  has  a  right  to  act  as  the  clerk  of  the  board 
<  f  election,  keep  a  record  of  the  same,  and  give  the  casting  vote  in  case  of  a  tie.    The 
;  uditor's  declaring  a  person  elected  does  not  amount  to  anything;  he  has  no  right 

1  >  make  such  declaration.    It  is  the  duty  of  the  board  of  trustees  to  do  that,  and  until 
i  icy  finally  settle  the  matter  a  member  has  a  right  to  vote.  —  State  v.  Kilroy  ,  86  Ind.  1  18. 

4.  WOMEN  ELIGIBLE.     Any  woman,  married  or  single,  possessing  the  qualiflca- 
ons  prescribed  for  men,  shall  be  eligible  to  any  office  under  the  general  or  special 

;  :hool  laws  of  this  state.     (§6672.) 

5.  DISPUTED  ELECTION.     The  qualifying  of  the  appointee  consists  in  the  execu- 
ion  and  acceptance  of  the  required  bond,  and  taking  and  subscribing  the  oath  of  office. 
i  person  who  has  received  the  certificate  of  appointment  and  taken  the  above  action 
i  county  superintendent,  at  least  do  facto.    If  the  validity  of  the  appointment  is  dis- 
•uted,  the  right  to  the  office  may  be  tested  by  a  writ  of  quo  warranto  against  one  of  the 
lainiants. 

6.  JUDICIAL  NOTICE.     Courts  take  judicial  notice  of  the  year  in  which  county 
uperintendents  are  to  be  elected.  —  Wampler  v.  State,  158  Ind.  557. 

17.     LENGTH  OF  TEKM.     A  county  superintendent,  properly  elected  and  qualified, 
iclds  his  office  until  his  successor  is  elected  and  qualified.  —  State  v.  Sutton,  99  Ind.  300. 
8.     RECOKD  OF  ELECTION.     The  record  of  a  superintendent's  election,  made  by 
;he  county  auditor,  is  prima  facie  correct,  and  is  prima  facie  evidence  of  such  election. 

I—  State  v.  Sutton,  99  Ind.  300. 
9.     ELECTION  BY  BALLOT.     In  a  suit  regarding  the  validity  of  an  election  the  ballots 
ire  the  best  evidence,  but  when  they  have  been  lost,  it  is  proper  for  the  jury  or  court 
DO  consider  the  testimony  of  trustees  who  cast  the  ballots,    and  of  those  who  counted 
them  and  announced  the  result.  —  State  v.  Sutton,  99  Ind.  300. 

10.  ACQUIESCENCE  IN  ELECTION*.  Where  the  trustees  agreed  that  the  election 
should  be  by  ballot,  adhered  to  that  mode  throughout  and  at  the  time  the  result  was 
announced  supposed  the  result  was  correctly  announced,  it  was  decided  by  the  court 
that  an  adjournment  without  an  objection  was  not  an  acquiescence  in  the  result,  and 
that  such  action  did  not  amount  to  an  acquiescence  in  the  result.  —  State  v.  Sutton, 
iM)  Ind.  300.  Without  regard  to  whether  the  votes  of  a  majority  of  all  the  school 
trustees  are  necessary  to  the  valid  appointment  of  a  county  superintendent,  where  such 
trustees  recognize  the  appointment  as  valid,  and  the  appointee  qualifies  and  enters 
upon  the  duties  of  the  office  with  the  acquiescence  of  all  others,  he  may  compel  his 
predecessor  to  deliver  the  records  of  the  office  to  him.  —  McGee  v.  State,  103  Ind.  444. 

1  1.  MANDAMUS.  Mandamus  is  the  proper  remedy  to  compel  a  superintendent  to 
tun  over  the  records  and  furniture  of  the  office  to  his  successor.  —  McGee  v.  State,  103 
Ind.  1  1  1. 

12.  RESIGNATION.     Where,   without  notice  of  the  withdrawal  of  a  resignation 
p'-rvinusK  mad;-,  t  ho  time  arrives  for  ic  to  take  effect,  and  a  successor  to  the  incumbent 
i«;  duly  appointed,  no  formal  acceptance  of  such  resignation  is  necessary  to  deprive  such 
incumlicnt  of  title  to  the  office.  —  McGee  v.  State,  103  Ind.  444. 

13.  REGULARITY  OF  APPOINTMENT.     One  can  not  contest  the  regularity  of  the 
appointment  of  a  successor,  who  has  become  invested  with  an  apparent  title,  by  re- 

to surrender  the  records  of  the  office.  —  McGee  v.  State,  103  Ind.  444. 


fusing  to 


52  SCHOOL   LAWS    OF   INDIANA 

14.  TRUSTEES  PRESENT  AND  NOT  VOTING.     There  were  eight  trustees,  all  there 
were  in  the  county,  present.     Four  voted  for  A,  and  the  other  four  declined  to  vote. 
The  chairman  announced  that  the  vote  was  a  tie,  and  the  auditor  then  voted  for  A, 
and  the  chairman  declared  him  elected.    A  qualified  and  demanded  the  office.     It  was 
decided  that  he  was  duly  elected;  that  there  was  a  quorum  present;  that  he  received 
the  votes  of  all  those  present  and  voting,  which  was  a  majority  of  the  number  necessary 
to  constitute  a  quorum,  and  that  he  received  the  necessary  number  without  the  vote 
of  the  auditor,  who  would  only  be  entitled  to  vote  in  case  of  a  tie. — State  v.  Dillon, 
125  Ind.  65. 

15.  AUDITOR  VOTING.     Township  trustees  met  at  the  time  required  by  statute; 
several  ineffectual  votes  were  taken,  and  on  the  last  ballot  one-half  of  the  trustees  voted 
for  E,  and  the  others  voted  blanks.    A  resolution  was  then  offered  declaring  that  E  be 
appointed.     The  vote  on  this  resolution  was  evenly  divided  for  and  against  it.     The 
auditor  then  gave  a  casting  vote  for  the  resolution  and  a  certificate  of  election  was 
issued  to  E.    It  was  held  that  the  election  of  E  was  void. — State  v.  Edwards,  114  Ind. 
581.     This  case,  however,  has  been  modified  by  the  decision  in  the  case  cited  in  note 
14,  and  it  was  overruled  in  State  v.  McFarland,  149  Ind.  266,  where  it  was  decided  that 
the  county  auditor  is  authorized  to  give  the  casting  vote  in  case  of  a  tie  in  all  instances, 
regardless  of  the  method  adopted  in  voting.    Now  the  election  must  be  by  ballot. 

16.  FILING  BOND.      Mere  failure  to  file  the  bond  within  the  time  required  by  law 
does  not  render  the  office  vacant. — Board  v.  Johnson,  124  Ind.  145. 

The  auditor  can  not  refuse  to  approve  the  bond  on  the  ground  that  the  superin- 
tendent was  corruptly  elected. — State  v.  Board,  124  Ind.  554. 

17.  WHEN  MAY  BE  REMOVED.     Formerly  a  county  superintendent  could  be  re- 
moved at  a  special  term  of  the  board  of  county  commissioners. — Fufford  v.  Conover, 
139  Ind.  151.     But  now  he  must  be  removed    by  impeachment  in  the  circuit  court. 
—§93. 

18.  TRUSTEE  INCOMPETENT.     The  election  of  a  county  superintendent  can  not 
be  declared  illegal  on  the  ground  that  a  trustee,  whose  vote  he  received,  and  which  was 
necessary  to  his  election  was  incompetent  to  hold  the  office  of  trustee. — State  v.  Orowe. 
150  Ind.  455. 

19.  NOT  A  JUDICIAL  OFFICE.     The  office  of  county  superintendent  is  not  a  judicial 
office. — Branaman  v.  Hinkle,  137  Ind.  496. 

20.  NOTICE  OF  MEETING.     The  trustees  meet  for  a  regular  election  by  command 
of  the  statute,  not  by  virtue  of  the  auditor's  call;  but  it  is  proper  for  the  auditor  to 
notify  them  of  the  time  of  the  meeting.    On  the  occurrence  of  a  vacancy,  the  auditor 
notifies  the  trustees  of  the  fact  and  fixes  the  day  for  them  to  assemble  to  fill  it. 

21.  RECONSIDERATION  OF  ELECTION  OR  VOTE.     If  an  election  results,  and  is  duly 
declared,  the  right  of  the  person  elected  is  consummated,  and  he  can  not  be  deprived  of 
his  office  by  the  subsequent  action  of  the  board. — Mitchener,  Atty.-Gen. 

22.  RECOGNITION  BY  STATE  SUPERINTENDENT.     It  is  made  the  duty  of  the  county 
auditor  to  report  to  the  superintendent  of  public  instruction  the  name  and  address 
of  the  person  appointed.    That  is  the  means  provided  by  law  for  informing  the  state 
superintendent  who  has  been  appointed  and  he  has  no  power  to  decide  upon  the  validity 
of  an  election  on  information  furnished  from  other  sources,  evidence  aliunde.     That 
Is  a  question  for  the  courts. 

23.  DISPUTED  ELECTION.     The  qualifying  of  the  appointee  consists  in  the  execu- 
tion and  acceptance  of  the  required  bond,  and  taking  and  subscribing  the  oath  of  office. 
A  person  who  has  received  the  certificate  of  appointment  and  taken  the  above  action 
is  county  superintendent  at  least  de  facto.     If  the  validity  of  the  appointment  is  dis- 
puted, the  issues  may  be  joined  by  an  action  to  replevin  the  records  and  properties  of 
the  office  or  by  a  writ  of  quo  warranto  against  one  of  the  claimants. 

24.  OFFICER  DE  JURE.     When  a  new  superintendent  is  elected  and  qualified,  all 
acts  of  his  predecessor  are  void,  which  are  performed  thereafter. — Hord,  Atty.-Gen. 

25.  CITY  AND  TOWN  BOARDS.     The  president  of  city  and  town  school  boards,  can 
not  participate  in  the  election  of  a  county  superintendent. — Hord,  Atty.-Gen. 

26.  WHEN  MAY  TAKE  OATH  AND  FILE  BOND.    The  newly  elected  county  superin- 
tendent may  file  his  bond  and  take  the  oath  of  office  as  soon  as  he  is  elected. 


SCHOOL   LAWS    OF    INDIANA 


53 


27.  A  trustee  can  not  vote  for  himself  for  superintendent. — Hornung  v.  State,  116 
I   d.  458,  19  N.  E.  !->!. 

28.  If  township  trustees  fail  to  elect  a  county  superintendent  of  schools  on  the 
<:   y  fixed  by  law.  t  hey  should  meet  on  a  subsequent  day  and  elect  such  officer. — State 
\    Scott,  171  Ind.  349,  86  N.  E.  409. 

Note.  State  Normal  diplomas  issued  by  the  State  Normal  School  are  not  sufficient 
t  establish  the  qualification  of  a  person  to  hold  the  office  of  County  Superintendent 
(  Schools. — State  v.  Bradt,  170  Ind.  480. 

[Acts  1899,  p.  240.] 

28.  Impeachment.     Any  county  superintendent  may  be  impeached 
1  >r  immorality,   incompetency  or  general  neglect  of  duty,  or  for  acting  as 
;  *ent  for  the  sale  of  any  text-book,  school  furniture,  maps,  charts  or  other 
:>  ihool  supplies,  and  such  impeachment  proceedings  shall  in  all  things  be 
j  overned  by  the  provisions  of  law  now  in  force  for  impeaching  county  officers. 

§6377.) 

[Acts  1911,  p.  156.] 

29.  County  Superintendent — Qualifications.      1.     That  no  person 
h^ll  be  eligible  to  or  shall  hold  the  office  of  county  superintendent,  who  has 
tot  been  actively  engaged  in  school  work  for  a  period  of  not  less  than  two 
rears  out  of  the  ten  years  next  preceding  his  election,  and  hold  at  the  time  of 
lis  election,  either  three  years'  state  license,  a  sixty  months'  license,  a  life  or 
)rofessional  license,  granted  upon  examination  as  now  provided  by  law. 
:§6378.) 

1 .  The  law  providing  for  the  issuing  of  a  sixty  months'  license  was  rejected  by 
Acts  1915,  p.  627. 

[Acts  1911,  p.  156.] 

30.  Salary  in  the  Several  Counties.     2.     The  county  superintendent 
shall  receive  a  salary  for  his  services  as  follows:    Adams  County,  $1,408.50; 
Allen  County,  $1,408.50;  Bartholomew  County,  $1,408.50;  Benton  County, 
$1,408.50;  Blackford  County,  $1,408.50;  Boone  County,  $1,408.50;  Brown 
County,  $900.00;  Carroll  County,  $1,400.00;  Cass  County,  $1,408.50;  Clark 
County,   $1,408.50;   Clay   County,   $1,408.50;   Clinton  County,   $1,408.50; 
Crawford  County,  $1,400.00;  Daviess  County,  $1,408.50;  Dearborn  County, 
$1,408.50;  Decatur  County,  $1,408.50;  Dekalb  County,  $1,408.50;  Delaware 
County,  $1,408.50;  Dubois  County,  $1,408.50;  Elkhart  County,  $1,408.50; 
Fayette  County,  $1,408.50;  Floyd  County,  $1,408.50;  Fountain  County, 
$1,408.50;  Franklin  County,  $1,408.50;  Fulton  County,  $1,408.50;  Gibson 
County,  $1,408.50;  Grant  County,  $1,408.50;  Greene  County,  $1,408.50; 
Hamilton  County,  $1,408.50;  Hancock  County,  $1,408.50;  Harrison  County, 
$1,408.50;  Hendricks  County,  $1,408.50;  Henry  County,  $1,408.50;  Howard 
County,  $1,408.50;  Huntington  County,  $1,408.50;  Jackson  County,  $1,408.50; 
Jasper  County,  $1,408.50;  Jay  County,  $1,408.50;  Jefferson  County,  $1,408.50; 
Jennings  County.   -SI.  108.50;  Johnson  County,   $1,408.50;   Knox  County, 
$1,408.50;  Kosciusko  County,  $1,408.50;  Lagrange  County,  $1,408.50;  Lake 
County,  $1,408.50;  Laporte  County,  $1,408.50;  Lawrence  County,  $1,408.50; 
Madison  County,  $1,408.50;  Marion  County,  $1,408.50;  Marshall  County, 
$1,408.50;  Martin  County,  $1,408.50;  Miami  County,  $1,408.50;  Monroe 
County,  $1,408.50;  Montgomery  County,  $1,408.50;  Morgan  County,  $1,- 

Newton  County,  $1,408.50;  Noble  County,  $1,408.50;  Ohio  County, 


54  SCHOOL    LAWS    OF    INDIANA 

$800.00;  Orange  County,  $1,408.50;  Owen  County,  $1,408.50;  Parke  County, 
$1,408.50;  Perry  Couaty,  $1,408.50;  Pike  County,  $1,408.50;  Porter  County, 
$1,408.50;  Posey  County,  $1,408.50;  Pukiski  County,  $1,408.50;  Putnam 
County,  $1,408.50;  Randolph  County,  $1, 408.50  ;.Ripley  County,  $1,408.50; 
Rush  County,  $1,408.50;  Scott  County,  $1,000.00;  Shelby  County,  $1,408.50; 
Spencer  County,  $1,408.50;  Starke  County,  $1,408.50;  Steuben  County, 
$1,408.50;  St.  Joseph  County,  $1,408.50;  Sullivan  County,  $1,408.50;  Swit- 
zerland County,  $1,400.00;  Tippecanoe  County,  $1,408.50;  Tipton  County, 
$1,408.50;  Union  County,  $1,325,00;  Vanderburgh  County,  $1,408.50;  Vigo 
County,  $1,408.50;  Vermillion  County,  $1,408.50;  Wabash  County,  $1,408.50; 
Warren  County,  $1,408.50;  Warrick  County,  $1,408.50;  Washington  County, 
$1,408.50;  Wayne  County,  $1,408.50;  Wells  County,  $1,408.50;  White 
County,  $1,408.50;  Whitley  County,  $1,408.50..  (§6400.) 

[Acts  1913,  p.  77.] 

31.  Additional  Salary.     1.     That  in  counties  containing  more  than 
seventy-seven  thousand  inhabitants,  according  to  the  last  preceding  United 
States  census,  the  board  of  county  commissioners  of  each  of  such  counties 
shall  be,  and  hereby  is,  authorized,  upon  the  petition  of  fifty  resident  free- 
holders of  such  county  to  allow  an  addition  to  the  salary  of  the  county  super- 
intendent of  schools  therein,  such  as  in  the  judgment  of  such  board  the  con- 
ditions in  such  county  and  the  work  required  of  such  superintendent  therein 
may  justify,  not  exceeding  one  thousand  dollars  a  year  payable  to  such  coun- 
ty superintendent  of  schools  in  monthly  instalments    out  of  the  treasury  of 
the  county.    (§6400a.) 

[Acts  1911,  p.  156.] 

32.  Traveling  Expenses.     3.     The  traveling  expenses  of  the  county 
superintendent,  not  exceeding  one  hundred  dollars  ($100)  annually,  incurred 
while  in  the  discharge  of  his  official  duties  within  his  county  shall  be  paid  by 
the  county  treasurer  upon  a  warrant  issued  by  the  county  auditor.     The 
county  superintendent  shall  make  affidavit  to  the  county  auditor,  before 
such  warrant  shall  issue  from  the  county  auditor  to  the  county  treasurer. 
(§6400b.) 

33.  Assistant — Appointment.     4.     The  board  of  county  commis- 
sioners may  authorize  the  county  superintendent  to  appoint  an  assistant 
to  assist  him  in  the  execution  of  his  official  duties  if  in  their  judgment  such 
an  assistant  is  necessary.     Such  assistant  shall  be  appointed  by  the  county 
superintendent  and  shall  work  under  his  direction  and  supervision.     Such 
assistant  shall  receive  for  his  services  rendered,  an  amount  not  to  exceed 
three  dollars  per  day  for  not  to  exceed  one  hundred  and  twenty  days  in  any 
one  year.     Such  amount  to  be  paid  by  the  county  treasurer  upon  warrant 
issued  by  the  county  auditor.  (§6400c.) 

[Acts  1889,  p.  240.     Approved  March  3,  1899.] 

34.  General  Duties.     4.     The  county  superintendent  shall  have  the 
general  superintendence  of  the  schools  of  his  county,  he  shall  attend  each 
township  institute  at  least  once  in  each  school  year,  and  as  often  thereafter 
as  possible,  and  preside  over  and  conduct  its  exercises.    He  shall  visit  schools 
while  they  are  in  session  for  the  purpose  of  increasing  their  usefulness  and 


SCHOOL    LAWS    OF    INDIANA  55 

el  vating,  as  far  as  practicable,  the  poorer  schools  to  the  standard  of  the 
b<  st.  He  shall  conduct  teachers'  institutes  and  encourage  other  like  associa- 
ti  ns,  and  shall  labor,  in  every  practicable  way,  to  elevate  the  standard  of 
t<  tching  and  to  improve  the  condition  of  the  schools  of  his  county.  In  all 
c«  atroversies  of  a  general  nature  arising  under  the  school  law,  the  decision 
oi  the  county  superintendent  shall  first  be  obtained;  and  then  an  appeal, 
e:  cept  on  local  questions  relating  to  the  legality  of  school  meetings,  estab- 
li  hment  of  schools,  and  the  location,  building,  repair  or  removal  of  school- 
L  uses,  or  transfer  of  persons  for  school  purposes  and  resignation  and  dis- 
D  issal  of  teachers,  may  be  taken  from  his  decision  to  the  state  superintendent 

0  public  instruction  on  a  written  statement  of  facts,  certified  to  by  such  coun- 
t    superintendent.     Nothing  in  this  act,  however,  shall  be  construed  so  as  to 
c  .ange  or  abridge  the  jurisdiction  of  any  court  in  cases  arising  under  the 
s  hool  laws  of  this  state;  and  the  right  of  any  person  to  bring  suit  in  any 
c  >urt  in  any  case  arising  under  the  school  laws  shall  not  be  abridged  by  the 
f  x>visions  of  this  act.     He  shall  at  all  times  carry  out  the  orders  and  in- 
s  ructions  of  the  state  board  of  education  and  the  state  superintendent  of 

1  iblic  instruction,  and  shall  constitute  the  medium  between  such  state  super- 
i  .tendent  and  subordinate  schools  officers  and  the  schools.    (§6379.) 

1.  CARE  AND  OVERSIGHT.     The  superintendent  has  the  care  and  oversight  of  the 
s  -.hools  of  his  county,  with  authority  to  direct  in  their  organization  and  management. 

2.  POWER  AS  TO  COURSE  OF  STUDY  AND  RULES.     The  management  and  control 
c  f  the  schools  is  conferred  by  law  upon  the  trustees,  and  this  power  involves  the  right 
t  >  prescribe  a  course  of  study  and  make  rules  and  regulations.     But  the  trustees  also 
a  ppoint  a  county  superintendent,  who,  in  a  large  department  of  school  government, 
i    the  representative  and  agent  of  the  tnistees,  and  to  him  their  powers  are  delegated  so 
f  ir  as  is  necessary  to  successful  administration.    If  neither  the  county  board  of  educa- 
t  .on  nor  the  trustees  individually  have  taken  the  necessary  action,  the  superintendent 
i  lay  arrange  a  course  of  study  and  direct  its  enforcement  in  the  schools,  and  may  make 
reasonable  rules  and  regulations,  and  the  refusal  of  a  teacher  to  obey  the  superinten- 
(  ent  in  these  particulars  would  be  such  "neglect  of  the  business  of  the  school"  as  would 
warrant  a  revocation  of  his  license,  or  would  indicate  such  incompetence  "to  success- 
fully teach"  as  would  warrant  a  refusal  to  grant  him  another  license. 

3.  LIABILITY.     A  county  superintendent  is  not  liable  for  his  official  acts,  unless 
they  were  wanton  and  malicious,  where  he  has  a  discretion  in  their  performance. — 

{ru Human  v.  Hinkle,  137  Ind.  496;  Elmore  v.  Overton,  104  Ind.  548. 

35.  Cities  Exempt.    5.    City  schools,  however,  having  duly  appointed 
superintendents,  shall  be  exempt  from  the  general  superintendence  authorized 

)y  this  act,  upon  a  written  request  of  the  school  board  of  said  cities  that  such 
supervision  be  not  extended  to  such  cities  by  the  county  superintendent. 
;§6386.) 

[Acts  1903,  p.  291.] 

36.  Visits  by  City  and  County  Superintendents.    2.     It  shall  be  the 
duty  of  the  city,  town  and  county  superintendents  of  schools  to  visit  each  year 
the  teachers  under  their  charge  and  supervision,  and  from  personal  inspection 
and  otherwise  make  an  itemized  statement  and  grading  of  the  success  of  each 
teacher  under  their  charge,  and  in  accordance  with  the  rules  and  schedule 
of  the  state  superintendent  of  public  instruction,  as  provided  in  section  1  of 
this  act.    (§6380.) 


56  SCHOOL   LAWS    OF    INDIANA 

37.  Examinations  for  Graduation.     6.     The  county  superintendent 
shall  provide  for  the  examination  of  all  applicants  for  graduation  in  the  com- 
mon school  branches  from  township,  district  or  town  schools  during  the 
months  of  March,  April  and  May,  and  furnish  them  certificates  of  gradua- 
tion, if  in  the  judgment  of  the  county  superintendent  they  are  entitled  thereto, 
which  shall  entitle  the  recipients  to  enter  any  township,  town  or  city  high 
school  of  the  state  if  he  be  otherwise  entitled  to  the  privileges  thereto. 

He  shall  likewise  provide  for  the  examination  of  all  applicants  for  gradua- 
tion from  the  township  graded  or  town  graded  high  schools  not  employing  a 
superintendent  during  the  months  of  April.  May  and  June  and  furnish  them 
certificates  of  graduation,  if  entitled  thereto.  He  shall  attend  as  many  com- 
mencements as  he  can  of-  the  towrship  and  town  schools,  and  also  of  the 
township  and  town  high  schools.  He  shall  hold  one  preliminary  institute  in 
each  township  in  his  county  before  the  schools  for  that  school  year 
open,  for  the  purpose  of  helping  the  teachers  in  the  organization  of  their 
schools  and  giving  any  other  needed  assistance,  but  instead  of  holding 
such  preliminary  institutes  in  each  township,  he  may  hold  a  joint  institute 
for  two  or  more  adjoining  school  corporations.  (§6387.) 

1.  A  common  school  graduate  is  entitled  to  high  school  privileges,  including  a 
high  school  transfer  if  there  be  no  high  school  maintained  in  his  own  school  corpora- 
tion. 

[Acts  1915,  p.  627.] 

38.  Schools — Examination  for  Teacher's  License.      1.     That  the 
county  superintendent  shall  hold  one  public  examination  on  the  last  Saturday 
of  January,  March,  April,  May,  June,  July,  August  and  October  oP  each 
year,  and  at  such  examinations,  shall  examine  by 'a  series  of  questions  fur- 
nished by  the  state  board  of  education,  all  applicants  for  license  as  teachers 
in  the  common  schools  of  the  state  and  that  no  special  examinations  shall  be 
held.    No  examination  shall  extend  over  a  period  of  more  than  two  days, 
and  all  examinations  shall  be  conducted  in  the  immediate  presence  of  the 
county  superintendent  or  his  representative,  pursuant  to  such  institutions 
(instructions)  and  directions  as  the  state  board  of  education  may  provide. 
Before  any  applicant  may  be  examined  he  shall  produce  to  the  county  super- 
intendent a  certificate  of  good  moral  character  from  a  school  trustee  of  the 
county  then  in  office,  or  other  satisfactory  written  evidence  of  good  moral 
character,  which  certificate  or  other  evidence  shall  be  marked  "filed"  on  that 
date  by  such  county  superintendent  and  preserved  as  an  office  paper.    All 
applicants  for  license  in  high  school  subjects  and  special  branches,  as  herein- 
after provided  shall  have  their  manuscripts  sent  to  the  state  superintendent 
of  public  instruction  for  gradation.    All  applicants  for  license  in  elementary 
school  subjects,  as  hereinafter  provided  shall  have  the  right  to  elect  whether 
they  will  have  their  manuscripts  graded  by  the  county  superintendent  for 
county  license  or  graded  by  the  state  superintendent  of  public  instruction 
for  state  license.     Applicants  for  county  license,  shall  if  successful,  receive 
license  which  shall  be  taken  as  qualifying  the  person  to  whom  granted,  so 
long  as  in  force,  to  teach  the  subject  or  subjects  indicated  by  the  license  in 
the  elementary  schools  of  the  county  wherein  it  is  issued,  and  applicants  for 
state  license  shall,  if  successful  receive  license  which  shall  be  taken  as  quali- 
fying the  person  to  whom  granted  so  long  as  in  force,  to  teach  the  subje  t  or 
subjects  indicated  by  the  license  anywhere  within  the  state:    Provided,  how- 


i 


SCHOOL   LAWS    OF   INDIANA  .          57 

er,  A  state  license  must  be  registered  with  the  county  superintendent  of  the 
-unty  wherein  it  is  to  be  used  and  endorsed  by  said  superintendent  as  regis- 
red  before  the  holder  may  legally  contract  to  teach  in  any  school  corpora- 
t  on  in  the  county.     Applicants  who  send  their  manuscripts  to  the  state 
t-  iperintendent  of  public  instruction  for  gradation,  shall  before  the  examina- 
1  on  begins  pay  to  the  county  superintendent  a  fee  of  seventy-five  cents  (75c) 
1  >r  each  manuscript  to  be  sent.    The  county  superintendent  shall  issue  his 
i  iceipt  for  all  fees  paid  under  the  provisions  of  this  act,  and  shall  immediately 
;-  md  such  fees,  together  with  the  manuscripts,  to  the  state  superintendent 
<  f  public  instruction,  who  shall  issue  his  receipt  therefor  to  the  county  super- 
itendent.     The  state  superintendent  of  public  instruction  shall  use  such 
ands  in  the  employment  of  a  sufficient  number  of  qualified  persons  to  grade 
he  manuscripts  and  perform  the  services  incident  to  the  operation  of  the 
cense  system  instituted  by  this  act.     All  manuscripts  sent  to  t)»e  state 
uperintendent  of  public  instruction  shall  be  designated  by  number,  and  t'ue 
tate  superintendent  of  public  instruction  shall  refuse  to  receive  any  manv- 
cript  bearing  the  name  of  the  applicant,  or  any  other  means  of  identification  of 
he  applicant.     As  soon  as  the  manuscripts  are  graded  and  their  success  or  fail- 
ire  determined,  according  to  the  requirements  hereinafter  provided,  the  state 
uperintendent  of  public  instruction  shall  report  the  success  or  failure  of  the 
nanuscripts  by  number  to  the  county  superintendent,  whereupon  the  county 
mperintendent,  shall  immediately  forward  to  the  state  superintendent  of 
Dublic  instruction  the  names  of  the  successful  applicants  in  his  county  to- 
gether with  their  success  grades  and  any  other  data  required  by  fie  state 
superintendent  of  public  instruction  for  the  purpose  of  issuing  the  license. 

1.  APPEAL.     If  an  applicant  for  a  license  is  not  satisfied  with  the  grading  of  his 
x>unty  superintendent  he  may  appeal  to  the  superintendent  of  public  instruction; 
md  if,  on  the  other  hand,  any  patron  of  a  school  thinks  that  a  teacher  thereof  has  been 
ooo  literally  graded,  the  same  right  of  appeal  exists  in  such  patron  as  in  the  applicant 
for  a  license. 

2.  INCOMPETENT  TEACHER.     A  county  superintendent  may  refuse  to  license  a 
teacher  whom  he  knows  to  be  incompetent  to  teach.    There  are  two  ways  that  such 
knowledge  may  come  to  him:     1.     From     personal    visitation  and  inspection  of  his 
school  work.    2.     From  statements  made  by  those  in  a  position  to  inspect  such  work . 

3.  »  POWEKS  OK  SUPERINTENDENT  NOT  JUDICIAL — LIABILITY.      The  county  super- 
intendent belongs  to  the  executive  department  of  the  government;  he  acts  in  neither  a 
judicial  nor  quasi-judicial  capacity  in  licensing  persons  to  teach,  and  he  has  a  discre- 
tion on  the  subject  of  licensing  teachers,  which  is  so  far  analogous  to  judicial  discre- 
tion that  he  is  protected  from  any  claim  for  damages  on  account  of  any  mistake  in  his 
decisions,  or  error  in  judgment,  either  in  granting  or  withholding  a  license.     Yet  he  is 
liable  in  damages  for  maliciously  withholding  a  license  to  teach  from  an  applicant 
lawfully  entitled  to  receive  the  same,  and  he  will  be  held  to  have  acted  maliciously 
where  ho  acts  either  from  wilful    and  wicked  or  from  corrupt  motives. — Elmore  v. 
Overton,  104  Ind.  548. 

4.  LICENSE  AND  CERTIFICATE.     There  is  no  legal  distinction  between  the  granting 
of  a  license  to  teach  and  the  act  of  issuing  a  certificate  of  that  fact.    The  terms  are  con- 
vert iblo,  and  the  "licensing"  implies  the  issuing  to  an  applicant  of  a  written  permission 
to  teach  in  the  public  schools. — Elmore  v.  Overton,  104  Ind.  548. 

5.  Inasmuch  as  the  law  requires  that  a  beginning  teacher  must  possess  a  twelve 
mth's  license  the  provision  concerning  six  months'  licenses  has  become  obsolete. 

DISCRETION.     Reasonable  discretion  of  the  county  superintendent  can  not  be 
Controlled  by  the  courts. 

7.     MANDAMUS.     Mandamus  will  not  lie  to  compel  the  issuance  of  a  teacher's 
certificate  by  the  county  superintendent;  the  superintendent  being  vested  with  a  dis- 


58         .  SCHOOL    LAWS    OF    INDIANA 

cretionary  power,  the  court  may  compel  him  to  act  upon  an  application,  but  can  not 
control  his  discretion.  The  mode  of  procedure  in  such  case  is  an  appeal  to  the  superin- 
tendent of  public  instruction,  and  if  after  hearing  the  -case  he  orders  the  county  super- 
intendent to  issue  a  certificate,  mandamus  would  lie  to  compel  him  to  do  so. 

8.  MINISTERIAL  DUTY.     Mandamus  is  the  proper  action  to  compel  an  officer  to 
perform  any  ministerial  duty,  but  mandamus  will  not  lie  to  compel  the  performance 
of  any  discretionary  duty. 

9.  LIABILITY.     If  a  county  superintendent  make  an  honest  mistake  in  his  judgment 
as  to  his  duties  under  the  law,  or  as  to  facts  submitted  to  him,  where  he  has  a  discretion, 
it  will  not  render  him  liable  for  damages. — Branaman  v.  Hinkle,  137  Ind.  496;  Elmore 
v.  Overton,  104  Ind.  548. 

10.  Music.     Notwithstanding  this  section  does  not  require  an  applicant  for  a 
license  to  be  examined  in  music,  yet  the  school  trustee  may  require  music  to  be  taught 
in  the  schools. — Myers  Publishing  Co.  v.   White   River   School  Township,  28.      App. 
91;  62  N.  E.    66. 

11.  Loss  OF  CERTIFICATE,  ETC.     The  certificate  is  only  the  evidence  of  a  license. 
It  follows  that  if  a  teacher  loses  his  certificate  he  remains  licensed,  and  should  be  so 
treated,  provided  he  can  prove  the  facts.    In  such  case  a  duplicate  certificate  may  be 
issued  from  the  superintendent's  record.    The  failure  of  an  applicant  upon  examination 
does  not  affect  a  license  previously  issued  to  such  applicant,  or  afford  ground  for  its 
revocation. 

12.  ILLEGAL  ISSUES  OF  LICENSES.     If  a  new  superintendent  finds  that  licenses 
have  been  illegally  issued  by  his  predecessor,  he  should  cancel  the  records  and  certifi- 
cates thereof,  and  notify  the  school  trustees  in  the  county  of  such  action.    Before  taking 
this  action  he  should  carefully  investigate  the  facts,  and  notify  the  parties  interested, 
giving  them  an  apportunity  to  show  that  their  licenses  are  valid. 

13.  Special  teachers  do  not  need  general  licenses,  but  must  be  licensed  in  the 
subjects  they  teach. 

14.  ADDITIONAL  BRANCHES.     Ordinarily,  an  examination  in  the  enumerated  sub- 
jects is  sufficient,  but  when  a  person  is  to  teach  other  branches,  his  proficiency  therein 
should  not  be  left  to  conjecture.    He  should  be  examined  by  the  county  superintendent 
in  such  "other  branches"  as  he  is  expected  to  teach.    This  is  expressly  stated  in  the  law 
in  case  a  district  school  meeting  has  designated  additional  branches,  and  is  an  obvious 
inference  in  all  cases  where  additional  branches  are  to  be  taught. 

15.  PRINCIPAL  AND  HIGH  SCHOOL  TEACHERS  IN  TOWN  AND  CITY  SCHOOLS.     I 
think  the  spirit  of  the  law  is  fully  complied  with  when  high  school  teachers  pass  examina- 
tion in  such  branches  and  only  such  as  they  are  required  to  teach.     If  an  applicant  is 
to  teach  say  Latin,  geometry,  general  history  and  physics,  I  see  no  good  reason  for 
requiring  him  to  pass  on  the  "eight  common  school  branches."    The  intention  of  the 
law  clearly  is  that  a  teacher's  fitness  to  teach  should  be  based  on  a  knowledge  of  the 
branches  he  may  be  required  to  teach. 

16.  TEACHING  WITHOUT  LICENSE.     Persons  can  not  be  employed  or  permitted 
to  teach  in  the  common  school  unless  they  hold  a  license  of  some  grade  issued  in  pur- 
suance of  law. — State  v.  Bradt,  170  Ind.  480. 

[Acts  1915,  p.  629.1 

39.  Examination  Studies.  2.  Applicants  for  license  to  teach  in  the 
elementary  schools  shall  be  examined  in  orthography,  reading,  writing, 
arithmetic,  geography,  English  Grammar,  physiology  and  scientific  temper- 
ance, United  States  history,  literature,  and  the  science  of  education,  and  in 
sncb  additional  branches  as  they  are  or  may  hereafter  be  legally  required  to 
teach.  The  examination  for  license  in  the  above  named  subjects  may  be 
divided  according  to  such  plan  as  may  be  devised  by  the  state  board  of  educa- 
tion, so  that  applicants  may  take  one  division  on  one  examination,  and  if 
successful  upon  the  first  division,  the  second  division  at  the  next  examination, 
Provided,  however,  That  any  applicant  for  such  li  ;ense  shall  have  the  right  to 
take  both  divisions  at  the  same  examination.  . 


One  fee  shall  be  sufficient  for  both  divisions,  provided  the  applicant  does 
n<  t  fail  in  either  division.  Applicants  for  license  in  high  school  subjects 
si  ill  be  examined  in  as  many  subjects  as  they  desire  to  take  from  the  list  of 
si  ojects  offered  by  the  state  board  of  education,  Provided,  however,  All  appli- 
c;  tits  shall  be  examined  in  tre  science  of  education.  Applicant's  for  super- 
v  sor's  and  special  teacher's  license  in  agriculture,  industrial  arts,  domestic 
s<  ence,  kindergarten,  music,  drawing,  physical  culture,  or  other  special 
b  anches  required  to  be  taught  shall  be  examined  in  such  subjects  as  they 
e  set  from  the  foregoing  list  or  such  additional  special  branches  as  may  be 
p  ovided. 

40.  State  Board  of  Education — Fixing  Averages.  3.  The  state 
1  )ard  of  education  shall  determine  the  grades  and  averages  required  for 
i  suing  licenses,  and  whenever  an  applicant  shall  be  found  upon  examination 
t  »  possess  knowledge  sufficient  in  the  judgment  of  t*ie  Bounty  superintendent 
c  •  state  superintendent  to  entitle  him  to  a  license  in  the  subject  or  subjects 
i  i  which  he  is  examined,  he  sball  be  issued  a  county  license  or  a  state  license 
I  >r  twelve  months,  twenty-four  months,  or  thirty-six  months,  according  to 
1  he  requirements  established:  Provided,  That  licenses  issued  upon  the  October 
<  xamination  for  less  than  twenty-four  months,  shall  expire  July  3l  of  the 
1  ear  following  the  examination;  and  Provided  further,  That  any  applicant  for 
1  cense  in  elementary  subjects  who  fails  in  only  two  subjects  shall  be  condi- 
1  ioned  and  allowed  to  write  upon  such  subje"ts  at  the  next  regular  examma- 
1  ion  during  the  ct  rrent  y  ear.  The  general  average  of  the  branches  shall  in- 
(  icate  the  appli cant's  academic  standing,  wluV.h  shall  be  the  basis  of  issuing 
j .  license  to  a  teacher  without  experience.  The  general  average  or  the  branches 
{  nd  the  per  cent  placed  upon  the  applicant's  school  room  success  shall  ^oant 
one -half  in  determining  the  average  of  a  teacher  who  is  entitled  to  a  success 
{jade:  Provided,  however,  That  the  success  grade  last  issued  shall  be  taken 
j  ^s  the  legal  success  grade. 


I 


41.  Temporary  Teaching  Permits.     4.     County  superintendents  are 
icreby  authorized  to  issue  at  their  discretion  temoorary  county  permits  to 
,each,  dated  to  expire  on  the  date  of  the  next  sacceeding  general  examina- 
,ion:  Provided,  That  su?h  permit  shall  not  be  issued  unless  the  applicant  has 
net  the  minimum  professional  training  requirements  fixed  by  law,  as  shown 
oy  the  proper  certificate:  Provided,  further,  That  such  permit  shall  not  be 
ssut  (1  to  any  one  who  has  failed  on  any  regular  examination  during  the 
.examination  year  preceding  the  date  of  application;   and   Provided  further, 
That  such  permits  may  be  issued  only  u,>on  request  of  school  boards  or  town- 
ship trustee  to  teachers  employed  by  them.    County  permits  issued  upon  the 
above  named  conditions  shall  be  accepted  as  legal  qualifications  to  teach; 
for  the  purpose  of  classifying  teachers,  a  county  permit  shall  be  equivalent 
to  a  twelve  month's  license  with  an  average  of  85  per  r-ent. 

42.  Professional  License — Eight  Year  Term.     5.     Any  person  now 
possessing  a  thirty-six  months'  license,  whose  next  consecutive  license  shall 
be  for  a  term  of  thirty-six  months,  or  any  person  who  shall  hereafter  receive 
two  licenses  in  succession  ea-?h  for  thirty-six  months,  may  receive  upon  the 


60  SCHOOL    LAWS    OF    INDIANA 

expiration  of  such  several  licenses,  a  license  for  the  term  of  eight  years  upon 
examination  held  by  the  state  board  of  education.  Such  license  shall  be  issued 
only  upon  the  approval  of  the  state  board  of  education,  and  shall  be  style  d  a 
professional  license,  and  shall  entitle  the  holder  to  teach  in  any  of  the  schools 
of  this  state. 

43.  Exemption  from  Examination.  6.  Any  person  who  has  previously 
taught  for  six  (6)  consecutive  years  in  the  common  schools  of  the  state,  or 
who  shall  hereafter  complete  six  (6)  consecutive  years  of  experience  in 
such  schools,  and  who  shall  at  this  time  hold  a  thirty -six  months'  license 
to  teach  in  the  elementary  or  high  schools  of  the  state,  or  who  shall  hereafter 
obtain  such  thirty-six  months'  license  to  teach  therein,  so  long  as  he  shall 
teach  the  branch  or  branches  upon  which  the  license  was  issued,  shall  be 
forever  afterward  exempt  from  examination,  but  if  such  person  shall,  after 
said  exemption  occurs;  suffer  a  period  of  one  year  to  pass  without  having 
taught  one  full  school  year  in  the  common  schools  of  the  state  within  said 
period  or  served  in  said  schools,  except  in  case  of  physical  disability,  properly 
certified  to  by  a  reputable  physician,  or  except  in  case  of  attending  for  a  full 
school  vear  a  recognized  university,  college  or  normal  school,  then  said  ex- 
emption shall  cease.  If  said  person  during  such  exemption,  shall  seek  employ- 
ment to  teach  other  or  higher  branches  in  the  common  schools  of  the  state  than 
those  branches  which  were  included  in  the  examination  upon  which  the  thirty- 
six  months'  license  was  issued,  then  he  shall  be  examined  in  such  additional 
branches.  The  exemption  shall  apply  to  all  thirty-six  months'  county  licenses 
issued  prior  to  September  1,  1915,  and  expiring  thereafter,  and  to  all  thirty- 
six  months'  state  licenses:  Provided,  That  an  exemption  acquired  upon  a 
license  issued  by  a  county  superintendent  shall  be  limited  to  the  county  in 
which  such  license  was  issued.  An  applicant  for  a  state  exemption  shall  pre- 
sent a  certified  statement  from  a  county  superintendent  showing  where  and 
when  such  teasher  has  taught,  and  the  license  upon  which  the  request  for 
exemption  is  based.  If  the  exemption  is  granted,  the  superintendent  of  public 
instruction  shall  attach  the  exemption  to  the  orginal  license. 

44.  Previous  Exemptions  in  Force.     7.     All  exemptions  heretofore 
acquired  shall  remain  in  full  force  so  long  as  the  holders  thereof  shall  comply 
with  the  terms  of  section  6  of  this  act. 

45.  Grade  of  Success — Who  Determines.     9.     The  r-ounty  superin- 
tendent shall  determine  the  grade  of  success  of  teachers  employed  in  the 
township  schools,  and  the  superintendents  of  incorporated  school  cities  and 
school  towns  shall  determine  the  grade  of  success  of  teachers  employed  in 
such  corporation.    For  the  purpose  of  determining  such  success  grades,  city, 
town,  and  Bounty  superintendents  are  required  to  visit  eac-h  year  the  teachers 
under  their  charge  and  supervision  and  make  personal  inspection  of  the  work 
of  such  teachers,  and  each  school  superintendent  shall  issue  over  his  signa- 
ture and  deliver  to  each  teacher  under  his  supervision,  not  later  than  July 
1,  each  year  such  statement  of  the  success  of  each  as  is  contemplated  herein, 
and  shall  keep  on  file  in  a  permanent  record  book,  duplicate  of  all  such  state- 
ments, also,  <ity  and  town  superintendents  shall  file  with  the  county  super- 
intendent duplicates  of  all  success  grades  within  ten  days  after  their  date  of 


SCHOOL   LAWS    OF   INDIANA  61 

A  teacher's  success  grade  so  issued  shall  be  his  legal  success  grade 
fo;  one  year  from  the  date  of  its  issuance. 

SCHEDULE  OF  SUCCESS  ITEMS. 
TJ  E  TEACHER 100  % 

A.  TEACHING  POWER 45  % 

»Many  items  enter  into  this,  but  the  principal  ones  are  prepara- 
tion of  lesson,  skill  in  presentation,  and  results  attained. 

B.  GOVERNMENT 35  % 

The  teacher's  power  in  government  is  shown  in  the  general  spirit 
of  the  school,  and  in  the  attitude  the  pupils  take  toward  their  daily 
tasks,  toward  each  other  and  toward  the  school  property. 

C.  GENERAL  CHAnACTEKisrrcs 20  % 

ruder  this  head  the  personality  of  the  teacher,  his. professional  and 
community  interest,  and  all  those  qualities  that  make  for  the  best 
citi/enship  should  be  considered. 

The  city  and  town  superintendents  should  hand  the  success  grades  to  their  teachers 
n.  t  later  than  .July  1st ,  eaeh  year,  and  forward  copies  of  the  same  to  the  county  super- 
ii  endents.  who  will  keep  the  official  success  records  for  the  counties.  The  success 
gi  ides  of  all  teachers  employed  by  township  trustees  are  issued  by  the  county  superin- 
(i  ident. 

1.  APPEAL.  On  appeal,  all  papers  must  be  filed  with  the  county  superintendent, 
a  d  by  him  be  sent  to  the  state  superintendent  of  public  instruction. 

H>.  In  fair  Grading.  10.  The  state  superintendent  of  public  instru  > 
t  on  is  hereby  authorized  to  investigate  and  revise  such  cases  of  unfair  grading 
'i  the  items  of  a  teacher's  success,  as  may  be  brought  to  his  attention  in  a 
vritten  appeal,  make  [made]  and  sworn  to  before  any  person  authorized  to 
a  Iminister  oaths,  not  later  than  thirty  days  after  the  issuance  of  said  grade. 
*  11  su<  h  sworn  statements  and  papers  relating  to  the  case  shall  be  filed  with 
t  ic  county  superintendent  of  schools,  and  shall  by  him  be  forwarded  to  the 
s,ate  superintendent  of  public  instruction  within  ten  days  after  the  filing  of 
s  K-II  appeals. 

17.  K«<or<ls  of  County  Superintendent.  11.  The  county  superin- 
tendent s  I  mil  keep  a  record  of  minutes  of  his  proceedings,  and  shall  deliver 
such  record,  and  all  other  books,  papers,  and  property  appertaining  to  his 
c  ffioe  to  his  successor.  He  shall  also  keep  a  record  of  all  applicants  for  license 
j,nd  the  kind  and  length  of  the  license  issued  to  each  successful  applicant, 
i  ,s  well  as  the  names  of  the  teachers  whose  licenses  he  revokes.  He  shall  report 
1o  the  state  superintendent  jof  public  instruction  the  names  of  those  whose  li- 
censes he  revokes  and  the  date  of  such  revocation. 

48.  Report  of  State  Superintendent.  12.  The  state  superintendent 
>f  public  instruction  shall  keep  a  complete  record  of  all  fees  and  manuscripts 
•eceived  by  him,  and  also,  a  record  of  all  licenses  issued  by  him,  showing  the 
lame  of  the  person  to  whom  issued  and  for  how  long,  and  the  grades  re- 
ceived by  the  applicant.  He  shall  make  an  annual  report  under  oath  to  the 
governor,  giving  an  itemized  statement  of  the  receipts  and  disbursements 
af  moneys  contemplated  by  this  a?t,  stating  for  what  paid  and  to  whom  paid, 
and  he  shall  take  receipts  for  all  expenditures,  which  receipts  shall  be  kept  on 


62  SCHOOL   LAWS    OF   INDIANA 

49.  Fees  on  Hand — State  Treasury.    13.    On  December  31st  of  each 
year,  if  the  state  superintendent  of  public  instruction  shall  have  on  hand 
any  balance  after  all  expenses    incurred  in  performing  the  services  contem- 
plated in  this  act  have  been  paid,  as  hereinbefore  provided,  he  shall  pay  said 
balance  to  the  treasurer  of  state,  who  shall  credit  same  to  the  state  common 
school  tuition  fund. 

50.  Act  Effective.    14.    The  provisions  of  this  act  shall  become  effective 
September  1,  1915,  but  nothing  in  this  act  shall  effect  the  validity  of  any 
license  granted  prior  to  the  above  date. 

51.  May  Revoke  License.     9.     The  county  superintendent  shall  have 
the  power  to  revoke  licenses  heretofore  granted  by  himself  or  predecessors 
or  hereafter  granted  by  the  state  superintendent  of  public  instruction,  for 
incompetency,  immorality,  cruelty  or  general  neglect  by  the  holder  of  the 
business  of  his  school.    Due  notice  of  such  revocation  shall  be  given  in  writing 
by  the  county  superintendent  and  an  appeal  therefrom  shall  lie  to  the  state 
superintendent  of  public  instruction,  and  if  the  same  be  taken  within  five 
days  after  notice  is  given  it  shall  operate  as  a  stay  of  proceedings  until  the 
state  superintendent  of  public  instruction  shall  have  passed  upon  such  appeal. 
The  revocation  of  the  license  of  any  teacher  shall  terminate  his  employment 
in  the  school  in  which  he  may  have  been  employed  to  teach.    (§6393.) 

1.  LICENSES  NOT  CONTRACTS.     Licenses   issued   to   teach   school   are   not    con- 
tracts, and  may  be  revoked  for  causes  specified  by  law. 

2.  REVOCATION  OP  LICENSES.     If  the  license  of  a  school  teacher  is  revoked,  such 
teacher  may  apply  to  the  courts  for  relief  when  it  is  claimed  that  such  revocation  is 
illegal;  the  remedy  for  the  illegal  revocation  of  a  license  is  by  an  appeal  from  the  deci- 
sion of  the  superintendent  and  not  by  injunction. — Stone  v.  Fritts,  169  Ind.  361. 

52.  Office — Supplies.     11.     The  board  of  county  commissioners  shall 
provide  and  furnish  an  office  for  the  county    superintendent  of  the  county, 
allow  and  pay  all  costs  incurred  by  him  for  postage,  stationery  and  records 
in  carrying  out  the  provisions  of  this  act,  upon  his  making  to  them  satisfactory 
proof  thereof .    (§6395.) 

[Acts  1905,  p.  584.     Approved  March  10,  1905.] 

53.  Traffic  in  Examination  Questions.     533.     Whoever  shall  trade. 
seh1,  barter  or  give  away,  or  offer  to  sell,  trade,  barter  or  give  away  to  appli- 
cants for  teachers'  license,  or  to  any  other  person;  or  whoever  shall  buy, 
purchase,  barter,  or  trade  for,  or  accept,  any  of  the  questions  [prepared]  by 
the  state  board  of  education,  to  be  used  by  county  school  superintendents 
in  the  examination  of  teachers,  [or]  in  any  way  dispose  of  or  accept  any  of 
such  questions,  contrary  to  the  rules  prescribed  by  said  state  board  ot  educa- 
tion, shall,  on  conviction,  be  fined  not  less  than  fifty  dollars  nor  more  than 
five  hundred  dollars.    ( §2439.) 

[Acts  1899,  p.  488.     Approved  March  6,   1899.] 
[Acts  1865,  p.  3.     Approved  March  6,   1865.] 

54.  When  must  Enumerate.    40.    When  any  trustee  shall  neglect  to 
file  with  the  county  superintendent  an  enumeration  of  the  children  of  the 
township,  town  or  city,  as  required  by  section  118,  the  county  supeiintendent 


SCHOOL    LAWS    OF    INDIANA  63 


el  ill,  immediately  after  the  first  day  of  May  in  each  year,  employ  a  competent 
P'  rson  to  take  the  same,  and  allow  a  reasonable  compensation  tor  such  ser- 
v  <es,  payable  from  the  special  school  revenue  of  the  township;  and  shall  pro- 
c«  3d  to  recover  the  same  in  the  name  of  the  State  of  Indiana,  for  the  use  of  said 
r«  /en'ie  of  said  township,  by  action  against  the  said  trustee  in  his  individual 
c;  pacity;  and  in  such  suit  the  county  superintendent  shall  be  a  competent 
^  tness.  (As  amended  1873,  §6397.) 

1.  In  so  far  as  the  provisions  of  the  above  section  affect  the  trustee,  they  are 
p  nal  and  apply  only  where  he  has  failed  to  file  any  report,  and  they  have  no  applica- 
ti  >n  when  a  report  in  proper  form,  duly  verified,  has  been  filed. — Young  v.  State,  138 
I  d.  2CW. 

55.  Annual  Reports.  41.  The  county  superintendent  shall,  on  or 
I  ;f ore  the  fifteenth  day  of  May,  annually  make  out  and  forward  to  the 
s  ate  superintendent  the  enumeration  of  then*  respective  counties,  with  the 
s  me  particular  dis';rimination  required  of  the  trustees.  When,  however, 
t  ie  state  superintendent  of  public  instruction,  upon  examination  of  the 
e  mmeration  returns  of  any  county,  or  of  any  township,  town  or  city  of  such 
c  >unty,  finds  any  evidence  that  the  enumeration  is  excessive  in  numbers,  or 
c  ;herwise  incorrect,  he  may  require  the  county  superintendent  to  cause  the 
c  mmeration  of  such  county,  township,  town  or  city  to  be  retaken  and  re- 
t  »rned  according  to  the  provision^  of  this  act,  and  the  school  revenue  to  be 
c  istributed  to  said  county  upon  such  corrected  enumeration.  )f,  however, 
t  le  corrected  enumeration  is  received  by  the  state  superintendent  of  public 
i  istruction  too  late  for  the  semi-annual  apportionment,  the  state  superin- 
1 3ndent  of  public  instruction  shall  make  the  apportionment  on  the  last  ac- 
c  epted  enumeration.  They  shall,  on  or  before  the  fifteenth  day  of  October, 
annually  furnish  the  statistical  information  which  trustees  are  required  to 
report  to  them  in  such  form  as  may  be  prescribed  by  the  superintendent  of 
j  uhlic  instruction.  They  shall  also  furnish  with  such  statistical  report  such 
additional  information,  embodied  in  a  written  report,  relative  to  the  condi- 
tion of  schools,  school  houses,  and  the  general  progress  of  education,  etc., 
ii  the  county,  as  the  state  superintendent  may  from  time  to  time  call  for. 
On  failure  of  any  county  superintendent  to  make  his  report  of  enumeration 
by  the  fifteenth  day  of  May,  his  county- shall  be  subject  to  a  diminution  of 
t  wenty-five  dollars  ($25)  in  the  next  apportionment  of  school  revenue  by  the 
state  superintendent,  and  on  failure  to  make  his  statistical  and  other  reports 
by  the  fifteenth  day  of  October,  his  county  shall  be  subject  to  a  diminution 
of  ten  dollars  ($10)  in  the  next  apportionment  likewise.  The  sum  thus  with- 
held may  be  collected  from  said  county  superintendent,  on  his  bond,  in  a 
suit  before  a  justice  of  the  peace,  Drosecuted  in  the  name  of  the  state,  by  any 
)erson  living  in  said  county  who  has  children  enumerated  for  school  purposes 
or  the  current  year,  who  is  aggrieved  by  said  diminution.  Said  suit  may  be 
jommeneed  within  two  years  from  the  time  when  said  report  is  due,  and  not 
iftrrward:  Provided,  That  said  county  superintendent  may  discharge  him- 
self from  liability  to  such  suit  by  a  certificate  of  the  postmaster  that  said 
Deport  was  mailed  in  due  time,  -together  with  his  own  affidavit  of  that  fact. 
[As  amended  1895,  p.  197:  §6398.) 


1.      PRIVATE    INSTITUTIONS.     County    superintendent    are    expected    to    furnish 
tistical  and  other  reports  relative  to  private  schools,  high  schools,  colleges,  and  other 


64  SCHOOL    LAWS    OF    INDIANA 

private  institutions  'of  learning  within  their  respective  counties,  so  as  to  enable  the 
superintendent  of  public  instruction  to  present  a  view  of  all  the  educational  facilities 
of  the  state. 

2.  MANDATE.  Mandamus  lies  to  compel  the  county  superintendent  to  make  the 
report  required  by  the  above  section,  and  the  trustees  of  a  township  affected  may 
bring  the  action  for  su<?h  a  mandamus. — Young  v.  State,  138  Ind.  206. 

56.  Apportionment — Report.     42.     The  county  superintendent  shall 
make  out,  from  the  lists  of  enumeration  and  the  report  of  transfers,  the 
basis  of  the  apportionment  of  school  revenue  to  the  several  townships,  towns 
and  cities  of  their  respective  counties,  and  parts  of  congressional  township 
of  adjoining  counties  whose  congressional  township  fund  is  managed  in  their 
counties,  and  report  the  same  to  the  proper  county  auditors  by  the  first  day 
of  June,  annually,  so  as  to  enable  county  auditors  to  accurately  apportion 
the  school  revenue  for  tuition.    (§6399.) 

1.  CONGRESSIONAL  TOWNSHIPS.  The  basis  of  apportionment  should  show,  by 
number  and  range,  the  congressional  townships,  or  parts  of  congressional  townships, 
which  form  each  civil  township,  the  number  of  children  enumerated  in  each  of  such 
parts;  also  the  whole  number  of  children  enumerated  in  each  civil  township.  With 
the  basis  of  apportionment  he  should  flle  with  the  auditor  a  separate  statement  showing 
what  congressional  townships  whose  funds  are  managed  in  his  county  are  divided  by 
the  county  line;  also,  the  number  of  children  enumerated  in  each  part  of  such  town- 
ships. 

[Acts  1873,  p.  75.     Approved  March  8,  1873.] 

57.  Duty  as  to  School  Fund.    7.    The  official  dockets,  records  and  books 
of  account  of  the  clerks  of  the  courts,  county  auditor,  county  commissioners, 
justices  of  the  peace,  prosecuting  attorneys,  mayors  of  cities,  and  township 
and  school  trustees,  shall  be  open  at  all  times  to  the  inspection  of  the  county 
superintendent;  and  whenever  he  shall  find  that  any  of  said  officers  have 
neglected  or  refused  to  collect  and  pay  over  interest,  fines,  forfeitures,  licenses, 
or  other  claims,  due  the  school  funds  and  revenues  of  the  state,  or  have  mis- 
applied the  school  funds  and  revenues  in  their  possession,  he  shall  be  required 
to  institute  suit  in  the  name  of  the  State  of  Indiana  for  the  recovery  of  the  same, 
for  the  benefit  of  the  school  funds  or  revenues  and  make  report  of  the  same  to 
the  board  of  county  commissioners  and  to  the  state  superintendent.  (§6402.) 

1.  SUIT  AGAINST  TOWNSHIP  TRUSTEE.     A  county  superintendent  may  bring  an 
action  against  a  defaulting  township  trustee;  but  his  right  to  bring  such  an  action  does 
not  prohibit  the  successor  of  such  trustee  suing  his  predecessor. — Nichols  v.  State, 
65  Ind.  512. 

2.  See  Carr  v.  State,  81  Ind.  342,  concerning  the  power  of  county  superintendents 
to  bring  suit. 

3.  ENJOINING  PAYMENT.     County  superintendents  cannot  enjoin  school  trustees 
from  unlawfully  paying  out  school  funds. — McGreggor  v.  State,  31  App.  483. 

[Acts  1875,  p.  131.     In  force  March  9,  1875.] 

58.  Duty  as  to  Interest  and  Loss,  School  Fund.    6.     Such  superin- 
tendent shall  see  that  the  full  amount  of  interest  on  school  fund  is  paid  and 
apportioned,  and,  when  there  is  a  deficit  of  interest  of  any  school  fund,  or  loss 
of  any  school  fund  or  revenue  by  the  county,  that  proper  warrants  be  issued 
for  the  re-imbursement  of  the  same;  but  no  per  centum  beyond  what  is 
provided  for  herein  and  allowed  shall  in  any  case  be  paid  him  by  said  board 
of  commissioners.    ( §6401 .) 


: 


SCHOOL    LAWS    OF    INDIANA  65 

(Acts  1865.  p.  3.     Approved  March  6,  1865.] 

ippeals  from  Township  Trustees.  164.  Appeals  shall  be  allowed 
fro  n  decisions  of  the  [township]  trustees,  relative  to  school  matters,  to  the 
co  nty  superintendents,  who  shall  receive  and  promptly  determine  the  same, 
ae  ording  to  the  rules  which  govern  appeals  from  justices  of  the  peace  to 
ci!  'iiit  courts,  so  far  as  such  rules  are  applicable;  and  their  decisions  of  all 
lo<  al  questions  relating  to  the  legality  of  school  meetings,  establishment  of 
sc;  ools,  and  the  location,  building,  repair,  or  removal  of  school  houses  or  trans- 
fi  of  persons  for  school  purposes,  and  resignation  and  dismissal  of  teachers, 
si  ill  be  final.  (§6667.) 

1.  TRIAL  OF  APPEALS.     When  the  county  superintendent  has  received  a  complete 
t  r  nsrript  of  the  case  in  controversy,  he  should  fix  a  day  for  the  trial,  and  all  parties 
t  (    '  he  case  should  be  notified  of  the  subject-matter  and  the  time  and  place  of  the 
tr  il.    The  case  should  then  be  tried  de  novo.    No  case  should  be  decided  by  the  super- 
in  endent  from  the  transcript  alone,  without  first  giving  all  parties  an  opportunity  to 
b<    heard.     If  after  sufficient  notice  either  appellee  or  appellant  fails  to  appear,  then, 
;n   I  only  tlu-n,  should  the  case  be  decided  from  the  transcript.    Upon  appeal,  the  case 
is    ried  de  novo  upon  its  merits. 

2.  SUPERIN TKVDKNT'S    DECISION    FINAL.     The    superintendent's    decision    pro- 
li    >iting  the  erection  of  a  school  house  on  a  location  selected  by  the  trustee  is  within 
h  >  jurisdiction,  and  is  final  and  binding  on  the  trustee. — Knight  v.  Woods,  129  Ind. 
H  1.     See  Carnahan  v.  State,  155  Ind.  156. 

3.  REFUSAL  TO  DECIDE.     A  refusal  of  a  trustee  to  decide  a  question  presented 
!<  operly  to  him  will  not  prevent  an  appeal  being  taken  from  him;  for  his  refusal  is 
,i  decision  against  the  person  who  made  the  request  for  a  decision. — O'Brien  v.  Moss, 
11  Ind.  99. 

4.  TRANSFER.     An  appeal  lies  from  a  refusal  of  a  trustee  to  make  a  transfer  of  a 
P  ipil. — Edwards  v.  State,  143  Ind.  84. 

5.  LOCATION  OF  SCHOOL  HOUSE.     An  appeal  lies  from  the  trustee  concerning  the 
h  cation  of  a  school  house. — Kessler  v.  State,  146  Ind.  221;  State  v.  Schmetzer,  156 
I  id.  528.    So  of  a  joint  school  house. — Henricks  v.  State,  151  Ind.  454. 

(\.  The  remedy  for  the  refusal  of  a  township  trustee  to  establish  a  school  is  by  an 
a  >peal  to  the  county  superintendent,  and  not  by  a  writ  of  mandate. — Nelson  v.  State, 
1  K  1  nd.  491.  81  N.  E.  Rep.  486. 

7.     The  decision  of  a  county  superintendent  on  an  appeal  from  a  township  trustee 

0  i  the  question  of  location  and  building  school  houses,  is  conclusive  as  to  all  persons 
id  o  Mirers.— Advisory  Board  v.  State,  170  Ind.  439,  85  N.  E.  Rep.  18. 

60.  Appeals  from  County  Superintendent.  165.  Appeals  shall  be 
allowed  from  the  decisions  of  county  superintendents  to  the  superintendent 
<  f  puhlie  instruction  on  all  matters  not  otherwise  provided  for  in  the  next 

1  n •<•!•( ling  section;  and  the  rules  that  govern  appeals  from  justices  of  the  peace 
to  eireiiit  eourts  as  to  the  time  of  taking  an  appeal,  giving  bonds,  etc.,  shall 
l.<   applicable  in  appeals  from  county  superintendents  to  the  superintendent 

•f  public  instruction.    ( §6668.) 


1.      I 'ICM.  !  i.i  in       The  same  rules  in  regard  to  the  time  allowed  for  taking  an  ap- 
•eal  and  for  making  transcript .  etc.,  apply  in  case  of  appeals  to  the  state  superintendent 
s  t<>  tin- county  superintendent.    The  county  superintendent  should  make  a  transcript 
•»f  the  record,  and  send  it.  together  with  all  papers  in  the  case,  to  the  state  superin- 

Iendent.  with  his  cert  ideate  indorsed  thereon.  He  must  specifically  certify  to  the  facts 
or  example,  that  A  H  applied  for  a  certificate  on  a  certain  day,  that  upon  examination 
i  license  was  refused  on  certain  ^rounds,  that  the  inclosed  papers  are  those  made  by 
•he  applicant,  upon  which  he  was  rejected.  A  copy  of  the  <|iiestions  used  and  the 
ippeal  bond  should  also  be  sent  1  n  ca^e  a  refusal  to  license  is  based  upon  the  county 
superintendent's  personal  knowledge,  lie  should  tnaUe  a  statement  of  the  facts,  verified 
by  affidavit,  and  forward  it,  together  with  corroborative  testimony,  and  the  testimony 


8554 — 5 


66  SCHOOL   LAWS    OF   INDIANA 

given  in  favor  of  the  accused.  If  an  appeal  is  taken  in  due  form,  the  state  superintend- 
ent may  require  the  county  superintendent  to  forward  the  papers  to  him,  and  upon 
refiisal,  may  visit  the  county  and  make  an  examination  into  the  facts  of  the  case,  and 
render  a  decision  that  will  be  binding  on  all  parties  interested. 

2.  TRIAL  BY  STATE  SUPERINTENDENT.     The  appeal  is  tried  by  the  superintendent 
of  public  instruction  upon  the  papers  sent  up.    Additional  affidavits  may  be  filed  with 
him  and  witnesses  examined.     Parties  may  appear  before  him,  and  a  complete  trial  be 
had,  the  same  as  before  the  county  superintendent.     An  applicant  for  a  license,  who 
desires  to  appeal,  should  be  allowed  thirty  days  from  the  time  the  county  superinten- 
dent's decision  is  rendered,  not  from  the  time  of  examination.    If  the  license  is  denied 
because  of  immorality,  the  county  superintendent  should  specify  in  what  particular 
the  immorality  consists.     On  appeal  the  superintendent  of  public  instruction  can  not 
grant  a  license;  he  can  only  order  the  county  superintendent  to  grant  one.     Should 
the  latter  refuse  to  grant  it,  a  mandamus  at  the  instance  of  the  teacher,  would  lie  to 
compel  him  to  obey  the  direction  of  the  state  superintendent.    If  an  appeal  is  taken 
and  the  county  superintendent  refuses  to  send  up  the  papers,  a  mandamus  will  lie  to 
compel  him  to  send  them.     Or  the  superintendent  of  public  instruction  can  visit  the 
county  and  try  the  case  there.    Merely  writing  a  letter  to  the  superintendent  of  public 
instruction  by  the  party  desiring  to  appeal,  and  stating  that  he  appeals  from  the  deci- 
sion of  the  county  superintendent,  does  not  constitute  an  appeal.     The  initiatory 
steps  must  be  taken  in  the  matter  with  the  county  superintendent. 

3.  APPEAL  AS  TO  WHOLE  CAUSE.  An  appeal  must  be  taken  as  to  the  whole  case 
State  v.  Miller,  63  Ind.  475. 

4.  CASE  TRIED  DE  Novo.     On  appeal  the  case  is  tried  de  novo  on  its  merits. 

[Acts  1901,  p.  106.     Approved  March  6,  1901.] 

61.  Interest  in  Private  Normal  School.    1.    No  county  superintendent 
shall  conduct  or  assist  in  the  conducting  of  any  private  or  county  normal 
school  in  this  state,  or  receive  any  pay  or  emolument  from  the  management 
of  such  school.    (§6383.) 

62.  Penalty.    2.    Any  person  violating  the  provisions  of  this  act  shall 
be  fined  in  any  sum  not  exceeding  one  hundred  dollars,  and  shall  be  removed 
from  office.    (§6384.) 

63.  Duty  of  Prosecuting  Attorney.     3.     It  shall  be  the  duty  of  the 
prosecuting  attorney  to  bring  an  action  in  the  name  of  the  State  of  Indiana, 
on  relation  of  himself,  against  any  one  violating  the  provisions  of  this  act, 
for  the  enforcement  thereof,  and  he  shall  recover  from  the  defendant  in  such 
action  a  reasonable  attorney  fee.     (§6385.) 


SCHOOL    LAWS    OF   INDIANA 


67 


CHAPTER  V. 

'OWNSHIPS,    AND    SCHOOL    TRUSTEES    OF    TOWNS    AND    ClTIES. 


£8. 

M). 


.      School  township. 
.     Oaths. 

Women  eligible  to  school  oftl< 
.     Bond  binding. 

.     Township  tm-  ssor — Date 

of  election. 

Manner  of  election. 

Ballots  and  ballot  boxes. 
.      Trustees'  term. 

a.  Term    of   township    trustee— -When 

eligible. 

b.  Schools — Trustees  elected — Terms. 

.       Citie^  excepted. 

.     Trusteed'  bonds — Vacancy. 

.     Township  trustee — Official  bond. 

( Jeneral  duties. 
Duration  of  school  term. 
.     Janitors — Care  and  management  of 

school  property. 
.      Towns   and   cities. 

Record — Duty  as  to  revenue. 
Surplus  special  school  revenue. 
.      Superintendent   in  cities  and  towns. 
.      Trustees' report^. 
ure  to  report. 
•  ;iiir  duties. 
Failure  to  serve. 
Trustee's  accounts. 
Kvimination    of    trustee    and      his 

books. 

Correction  of  accounts — Removal. 
Trustee  to  take  enumeration — Who 

enumerated. 

Knumeration      \\hen-  filed-  -Retak- 
ing. 


SEC. 

91.  Soldiers  and  sailors — Enumeration. 

92.  Duplicate   lists — Filed    with   state 

lihrary. 

93.  Township  in  two  or  more  counties — 

Report. 

94.  County  board  of  education. 

95.  Emergency  school  township    debts 

legalized. 
ur..     School  township  debts  legalized. 

97.  School  bond  sales  legalized. 

98.  Funding  bonds — Sales  legalized. 

99.  Pending  litigation. 

100.  School  bonds — Issue  legalized. 

101.  Pending  litigation. 

102.  Township    debt    certificates    legal- 

ized. 

103.  Schools — Bonds  legal) zed. 

104.  Pending  litigation. 

105.  Schools — Legalizing  township  debts 

— Authorizing  bonds. 

100.     Advisory     board — Provisions     for 
payment. 

107.  Payment — Notice. 

108.  Act  remedial. 

109.  Schools — Sale  of  property . 

110.  Sales  legalized. 

111.  Legal  notices,  publication  of. 

112.  Repeal. 

113.  Township  trustee — Advisory  board 

—  Transfer  of  funds. 

114.  Schools  —  Towns  —  Election    of 

school  trustees. 

115.  Supplemental  act. 


(Acts  1859,  p.  181.     Approved  March  3,  1859.] 


M.  School  Township.  1.  Each  and  every  township  that  now  is, 
or  may  hereafter  In-,  or^an  ized  in  any  county  in  t  his  state,  is  hereby  also  declared 
")  br  a  school  township,  and.  as  such,  to  be  a  body  politic  and  corporate, 

'>y  the  name  and  style  of  " school  township  of  

•  Jounty,"  according  to  the  name  of  the  township  and  of  the  county  in  which 

.he  same  may  be  organized;  and,  by  such  name,  may  contract  and  may  be 
•xmtractcd  with,  sue  and  be  sued,  in  any  court  having  competent  jurisdiction. 

;§6404.) 

1.  CORPORATION  DISTIM-I-.  "There  are  two  corporations  in  Greene  County 
conterminous  in  territory),  with  almost  the  same  name.  *  *  *  The  first  is  denominated 
i  civil  township,  the  second,  a  school  township,  *  *  •»  It  must  be  contemplated  that 
the  funds,  etc..  of  these  two  corporations  shall  be  kept  separate.  It  is  as  an  officer  of 


68  SCHOOL    LAWS    OF    INDIANA 

the  school  township,  and  not  as  an  officer  of  the  civil  township,  that  the  trustee  has 
authority  and  power  to  levy  a  tax  for  the  erection  of  school  houses,  and  to  expend  the 
same  for  that  purpose.  We  think  it  must  follow  that  it  is  as  trustee  of  the  school  town- 
ship, and  not  as  trustee  of  civil  township,  that  the  trustee  must  contract  for 
the  building  of  school  houses.  We  do  not  think  the  trustees  of  the  civil  township  can 
legally  contract  for  the  building  of  a  schoolhouse  and  make  the  civil  township  liable 
therefor." — Carmichael  v.  Lawrence,  47  Ind.  554;  Utica  Township  v.  Miller,  62  Ind. 
230;  Harrison  School  Township  v.  McGregor,  96  Ind.  185;  Johnson  v.  Smith,  64  Ind. 
275;  Inglis  v.  State,  61  Ind.  212;  Wright  v.  Stockman,  59  Ind.  65;  Winga  e  v.  Harrison 
School  Township,  59  Ind.  520.  A  civil  township  has  no  power  to  make  a  contract  for 
the  benefit  of  school  property. — Jackson  Township  v.  Barnes,  55  Ind.  136;  Jackson 
Township  v.  Home  Insurance  Company,  54  Ind.  184;  McLaughlin  v.  Shelby  Town- 
ship, 52  Ind.  114;  Mcllwaine  v.  Adams,  46  Ind.  580;  Hornby  v.  State,  69  Ind.  102. 

2.  Actions  against  school  corporations  must  be  brought  against  them  in  their 
corporate  names,  and  an  action  will  not  lie  against  the  civil  township  for  a  demand  due 
from  the  school  township. — Teeple  v.  State,  171  Ind.  268,  86  N.  E.  49. 

3.  Suits  against  township  trustees  relating  to  school  affairs  must  be   brought 
against  them  as  trustees  of  the  school  corporations. — Teeple  v.  State,  171  Ind.  268, 
86  N.  E.  49. 

[Acts  1865,  p.  3.     Approved  March  6,  1869.] 

65.  Oaths.     166.     School  officers  are  hereby  authorized  and  empowered 
to  administer  all  oaths  relative  to  school  business  appertaining  to  their 
respective  offices.     (§6669.) 

1.  NOTE.  But  school  officers  can  not  administer  oaths  upon  any  other  than  school 
matters,  and  it  is  held  that  directors  can  not  administer  them  at  all.  County  super- 
intendents and  trustees  may  administer  oaths  to  trustees  and  teachers  reporting  to 
them,  and  to  witnesses  in  trials  before  them. 

[Acts  1881,  p.  718.    Approved  April  14,  1881.] 

66.  Women  Eligible  to  School  Offices.      1.     Any  woman,  married 
or  single,  of  the  age  of  twenty-one  years  and  upwards,  and  possessing  the 
qualifications  prescribed  for  men,  shall  be  eligible  to  any  office  under  the 
general  or  special  school  laws  of  this  state.     (§6672.) 

67.  Bond  Binding.         2.     Any  woman  elected  or  appointed  to  any 
office  under  the  provisions  of  this  act,  before  she  enters  upon  the  discharge 
of  the  duties  of  the  office  shall  qualify  and  give  bond  as  required  by  law,  and 
such  bond  shall  be  binding  upon  her  and  her  securities.     (§6673.) 

[Acts  1897,  p.  64.     Approved  February  25,  1897.] 

68.  Township  Trustee — Assessor — Date  of  Election.      1.     The  time 
for  holding  the  election  of  township  trustees  and  assessors,  shall  be  changed 
from  the  general  election  on  the  first  Tuesday  after  the  first  Monday  in  No- 
vember, 1912,  to  the  general  election  on  the  first  Tuesday  after  the  first 
Monday  in  November,  1914;  and  at  the  general  election  on  the  first  Tuesday 
after  the  first  Monday  in  November  of  every  fourth  year  thereafter.        ( §6983 
as  amended.     Acts  1911,  p.  113.) 

69.  Manner  of  Election.     3.     The  election  of  said  township  officers 
shall  be  conducted  under  the  provisions  of  the  law  governing  said  general 
elections.     (§6985.) 

70.  Ballots  and  Ballot  Boxes.     4.     The  names  of  the  different  can- 
didates for  said  township  offices  shall  be  printed  on  separate  ballots  of  a 


I 


SCHOOL    LAWS    OF    INDIANA  69 

\v  color  and  deposited  in  separate  ballot  boxes  from  that  of  the  state  and 
unity  ballots.  Said  baUot  boxes  shall  be  painted  yellow,  and  said  ballots 
:id  ballot  boxes  shall  be  prepared  in  conformity  with  the  law  governing  said 
•neral  election.  (§6986). 

[Acrs  1001.  p.  418.      Approved  March  11,  1901.] 

71.  Trustees'  Term.  3.  The  terms  of  office  of  all  township  trustees 
nd  to\vn>hip  assessors  to  be  elected  at  the  general  election  in  November, 
'.ml,  shall  bej/in  on  the  first  day  of  January,  1905,  and  thereafter  the  terms 

ffice  of  ah1  township  trustees  and  township  assessors  shall  begin  on  the 
day  of  January  succeeding  their  election.  (§6989.) 


[Law  without  signature  of  Governor.     Acts  1917,  p.  681.] 


71a.  Term  of  Township  Trustee — When  Eligible.  1.  That  any 
>erson  who  holds  the  office  of  township  trustee  of  any  tcrwnship  in  this  state 
or  one  (1)  term  or  less,  shall  be  eligible  to  said  office  for  the  next  ensuing  term 
in  less  otherwise  disqualified.  And,  thereafter,  no  person  shall  be  eligible 
,o  the  office  of  township  trustee  for  more  than  eight  (8)  years  in  any  period 
>f  twelve  (12)  years. 

[Acts  1915,  p.  73.1 

71  b.  Schools — Trustees  Elected — Terms.  1.  That  the  common 
council  of  each  city  and  the  board  of  trustees  of  each  .incorporated  town  of 
this  state  shall  at  a  regular  meeting  of  such  common  council  or  board  of  trus- 
tees, after  the  incorporation  of  such  city  or  town  elect  three  school  trustees, 
who  shall  hold  their  offices,  one,  two  and  three  years,  respectively,  from  and 
after  the  first  day  of  the  next  succeeding  August.  The  term  of  each  of  said 
trust*  is  shall  be  determined  by  lot  at  the  time  of  such  election  by  such 
common  council  or  board  of  trustees,  and  annually  thereafter  the  common 
councils  of  each  city  and  the  board  of  trustees  of  each  incorporated  town, 
at  their  regular  meetings  in  the  month  of  June,  shall  elect  one  school  trustee, 
who  shall  hold  his  office  for  three  years  from  the  first  day  of  the  next  succeeding 
August.  Such  trustees  shall  constitute  the  school  board  of  the  city  or  town 
and  before  entering  upon  the  duties  of  their  offices  they  shall  take  an  oath 
faithfully  to  discharge  the  duties  of  the  same.  They  shall  meet  within  five 
days  after  the  first  day  of  August  of  each  year  and  organize  by  electing  one 
of  their  number  president,  one  secretary  and  one  treasurer.  The  treasurer 
before  entering  upon  the  dirties  of  his  office  shall  execute  a  bond  to  the  ac- 
<•(•[)! aiice  of  the  county  auditor  in  a  sum  equal  to  the  amount  of  money  which 
may  come  into  his  hands  at  any  one  time  during  the  year  by  virtue  of  his 
olVice.  Tin  president  and  secretary  shall  each  give  bond  to  be  approved  by 
the  county  auditor  in  any  sum  not  le>s  than  one-third  of  the  treasurer's 
bond:  Pro  "/"/.  That  in  case  of  a  newly  incorporated  city  or  town  such 
trustees  shall  meet  within  five  days  of  their  election  and  organize  by  electing 
the  oHicers  and  giving  the  bonds  as  herein  provided,  which  officers  and  bonds 
shall  hi:  cont inned  until  the  first  day  of  August  next  succeeding  su-h  or^anixa- 
tion.  All  varan*-ie>  thai  may  occur  in  said  board  of  school  trust  e-.'<  shall  In- 
filled by  the  common  council  or  board  of  trustees  of  the  town,  but  such  ela- 
tion (election)  to  fill  a  vacancy  shall  only  be  for  the  unexphvd  term.  The 
board  of  school  trustees  shall  within  five  days  after  the  first  day  of  August 


70  SCHOOL    LAWS    OF    INDIANA 

of  each  year  reorganize  their  boards  and  execute  their  bonds  for  the  ensuing 
year.  Said  trustees  shall  receive  for  their  services  such  compensation  as  the 
common  council  of  the  city  or  the  board  of  trustees  of  the  town  may  deem 
just,  which  compensation  shall  be  paid  from  the  special  school  revenue  of 
the  city  or  town;  Provided  further,  That  the  provisions  of  this  act  relative 
to  the  appointment  of  school  trustees  shall  not  be  mandatory  upon  those 
incorporated  towns  wherein  the  school  corporations  have  been  or  shall  here- 
after be  abandoned. 

72.  Cities  Excepted.     2.     The  provisions  of  this  act  shall  not  apply 
to  cities  of  over  fifty  thousand  inhabitants,  according  to  the  last  preceding 
United  States  census.     (§6478.) 

1.  School  trustees  for  cities  are  elected  by  the  common  councils  of  the  respective 
cities;  ana  they  have  charge  of  the  schools  in  their  respective  political  districts.     39 
App.  568. 

2.  The  board  of  commissioners,  and  not  the  city  council  is  the  proper  party  to 
investigate  alleged  misdoings  of  the  school  trustees  of  a  city.    39  App.  568. 

3.  RESIGNATIONS.     A  resignation  of  a  town  or  city  school  trustee  should  be 
addressed  to  the  body  that"  elects,  and  is  bornplete  without  formal  acceptance;  yet  its 
withdrawal  even  after  acceptance  but  with  the  consent  of  the  electing  body  is  equivalent 
to  a  reappointment.    In  case  of  such  resignation  an  election  to  fill  the  vacancy  may  be 
held  before  the  day  set  for  the  resignation  to  take  effect. — Leach  v.   State,  78  Ind.  570. 

4.  POWER  AS  TO  VACCINATION.     School  trustees  have  the  power,  as  a  measure  of 
public  safety  and  to  guard  against  a  contagious  disease,  to  order  school  children  to  be 
vaccinated,  but  they  should  exercise.it  with  discretion.    In  some  localities  there  is  no 
earthly  danger  of  smallpox;  in  others — as  a  crowded  city — when  the  disease  has  made 
its  appearance  inynediate  measures  should  be  taken.    The  school  trustees  of  a  city  or 
town  or  township  may  be  compelled,  by  a  mandate  of  the  courts,  to  enforce  an  order 
of  the  board  of  health  requiring  all  children  to  be  vaccinated  before  being  permitted 
to  attend  the  public  schools  during  a  threatened  epidemic  of  smallpox.- — State  v.  Beil, 
157  Ind.  25.     See  also  Blue  v.  Beach,  155  Ind.  121. 

5.  OFFICE  LUCRATIVE.     As  the  statute  provides  for  the  compensation  of  town 
school  trustees,  their  office  is  a  lucrative  one  within  the  meaning  of  the  constitution, 
and  a  person  can  not  hold  it  at  the  same  time  with  another  lucrative  office. — Chambers 
v.  State,  127  Ind.  365. 

6.  TRUSTEES  CONTRACTING  WITH  THEMSELVES.     School  trustees  can  not  enter 
into  a  contract  with  themselves. — 29  Mich.  19. 

7.  HIRING  OF  TEACHERS  BY  OLD  SCHOOL  BOARD.     A  board  of  school  trustees 
(not  a  township  trustee),  after  their  successors  have  been  elected,  and  before  they  are 
entitled  to  serve  as  officers,  may  hire  a  teacher  for  the  year  beginning  after  their  terms 
of  office  will  expire. — School  Town  of  Milford  v.  Zeigler,  1  App.  138.     A  school  trustee 
of  a  township  can  not  ignore  his  predecessor's  contract,  because  of  mere  formal  and 
technical  defects. — Sparta  School  Tp.  v.  Mendell,  138  Ind.  188. 

8.  SIGNING  CONTRACT.     If  the  school  board  in  session  hire  a  teacher,  the  contract 
with  him  may  be  signed  at  different  times;  and  a  signing  by  a  majority  of  the  trustees 
is  sufficient. — School  town  of  Milford  v.  Zeigler,  1  App.  138. 

9.  ABOLISHING  SCHOOL — EFFECT  ON  TEACHER'S  CONTRACT.     A  contract  with  a 
teacher  to  teach  can  not  be  annulled  by  abolishing  the  school  he  was  to  have  taught. — 
School  Town  of  Milford  v.  Zeigler,  1  App.  138. 

10.  MAJORITY  OF  TRUSTEES  SUFFICIENT  TO  MAKE  A  CONTRACT.     A  contract  by 
two  of  three  trustees  when  in  session,  "is  valid." — School  Town  of  Milford  v.  Zeigler, 
1  App.  138. 

[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

73.  Trustees'   Bonds — Vacancy.     6.     The  county  auditor,  in  fixing 
the  penalty  and  approving  and  accepting  the  bonds  of  such  trustees,  shall 


j  ie  to  their  sufficiency  to  BOO  -hool  revenues  -which  may  come  into 

-  icir  hands,  a.-  w«-ll  aa  the  ordinary  township  or  venue.  In  case  of 

.-  vacancy  in  the  office  of  trustee,  the  county  audi  appoint  a  person  to 

11  the  same,  who  diall  take  an  oath  :  -.-quired  in  the  last 

ing  section;  and  said  aud  .  the  superintendent  of 

uhlic  instruction  the  naPie  and  p:>s(o;.  '  each  trustee.      (§6406.) 


KAII.I-HK  TO  FII.I:  !;  failure  of  a  member  of  a  school  board  to  file  a 

ond  does  not  render  his  office  vacant.     -Ko*  niri-  \.  state,  148  Ind.  158. 


, 


[Acts  1899,  p.  126,  Acts  1915.] 


4.  Township  Trustee — Official  Bund.  1.  That  before  entering  upon 
duties  of  his  office  the  trustee  of  every  township  shall  execute  a,  bond 
onditioned  as  in  ordinary  official  bonds  in  a  penal  sum  of  not  less  than  the 
Amount  of  money  which  may  come  into  his  hands  at  any  one  time  as  trustee 
>f  the  civil  township  and  of  the  school  township  to  the  acceptance  of  the  coun- 
y  auditor.  Such  bond  may  -ed  by  a  surety  company  or  by  two  or 

hold  sureties  to  be  approved  by  the  county  auditor. 


[Acts  1899.  p.  424.     Approved  March  4,  1899.1 


75.  General  Duties.  1.  The  school  trustees  shall  take  charge  of  the 
educational  affairs  of  their  respective  townships,  towns  and  cities.  They 
>hall  employ  teachers,  establish  and  locate  conveniently  a  sufficient  number 
}f  schools  for  the  education  of  the  children  therein,  and  build,  or  otherwise 
provide  suitable  houses,  furniture,  apparatus  and  other  articles  and  education- 
d  appliaiK-  -ary  for  the  thorough  organization  and  efficient  manage- 

ment of  said  x-hools.  Such  school  trustees  may  also  establish  and  maintain 
in  their  respective  corporations,  as  near  the  center  of  the  township  as  seems 
ast  one  separate  graded  high  school,  to  which  shall  be  admitted  all 
pupils  who  are  sufficiently  advanced:  Provided,  That  the  school  trustees 
of  two  or  more  school  corporations  may  establish  and  maintain  joint  graded 
high  school!  s]  in  lieu  of  separate  graded  high  schools,  and  when  so  done  they 
jointly  shall  ha\v  the  care,  management  and  maintenance  thereof:  Provided 
further,  That  any  trustee,  instead  of  building  a  separate  graded  high  school 
for  his  township  shall  transfer  the  pupils  of  his  township  competent  to 
enter  a  graded  high  school  to  another  school  corporation:  Provided  further, 
That  all  payments  of  tuition,  provided  for  under  this  act,  heretofore  made 
by  school  trustees  for  such  high  school  privileges,  are  hereby  legalized: 
Provided  further,  That  no  such  graded  high  school  shall  be  so  built  unless 
then-  are  at  the  time  such  In  iilt  at  least  twenty-five  common  school 

gradual.  -s  of  school  ag«-  raiding  in  the  township.     (§6410  as  amended  1901, 
p.  514.) 


Tin-  township  trustee  is  clothed  with  almost  autocratic 
power  in  all  school  m.v  |  of  the  township  have  hut  little,  if 

indeed  any.   voice  or  part    in   ih«-  control   Of  the  details  of  edurat  ional  affairs.      So  far 
:  l'  author;  ;hr  trustee  is  the  corporation,  although  in  contempla- 

tion of  law  it   is  othi-r\\is,-       Wallace  v.  .lohn-oti  Tp  .  7">  I  ml.  :{(>8;  Bicknell  v.  Widner 
School  Tp..  ?:<  Ind.  501. 

2.     PATRONS  CAN  NOT  I>  is  no  provision  of  the  law 

BUtho  rising  any  <  m  than  the  tru-  It  is  t  horefore  held 


uu  viivr  l  u 


72  SCHOOL    LAWS    OF    INDIANA 

that  the  provision  authorizing  the  trustee  to  employ  teachers,  also  authorizes  him  to 
select  them,  and  that  school  meetings  are  not  empowered  by  the  law  to  designate  or 
employ  teachers. — Rumble  v.  Parker,  27  App.  69. 

3.  TRUSTEE  CAN  NOT  EMPLOY  HIMSELF.     A  township  trustee,  being  the  agent  of 
the  state  to  employ  teachers  for  the  public  schools,  is  not  authorized  to  employ  himself. 

4.  ABANDONED   CORPORATION.     In  case  a  town  abandons  its  corporation,   the 
powers  and  duties  of  the  board  of  school  trustees  cease,  the  township  trustee  succeeds 
thereto,  and  it  becomes  his  duty  to  take  charge  of  the  schools  without  special  notice. 

5.  RESIGNATION  OF  TEACHER.     The  relation  existing  between  trustee  and  teacher 
is  based  on  a  contract.    A  teacher  can  not  resign  and  escape  liability  without  the  con- 
sent of  the  trustee.     To  abandon  his  school  without  such  consent  is  a  violation  of  his 
contract,  and  gives  the  trustee  a  claim  against  him  for  any  damages  actually  sustained 
by  the  school  in  consequence  thereof. 

6.  TRUSTEE  AUTHORIZED  TO  ESTABLISH  SCHOOLS.     Although  the  legislature  has 
limited  the  power  of  the  trustee  in  regard  to  the  removal  of  schoolhouses,   and   the 
abandonment  of  "district  schools,"  no  change  has  been  made  in  the  law  Which  author- 
izes the  trustee  to  establish  schools  and  build  school  houses  therefor. — State,  ex  rel.,  v. 
Black,  166  Ind.  138. 

7.  TOWNSHIP    TRUSTEE    NOT   AUTHORIZED   TO    EMPLOY   A    SUPERINTENDENT   OF 
SCHOOLS.     If  a  school  trustee  believes  it  to  be  to  the  best  interest  of  the  schools  of  his 
corporation,  he  may  employ  a  teacher  in  the  same  way  other  teachers  are  employed  by 
him  who  has  a  license  to  teach,  and  require  him  to  go  from  school  to  school  in  his  town- 
ship and  teach  in  each  of  said  schools  or  in  any  designated  number  of  such  schools. 
There  is,  however,  no'  authority  given  such  trustee  to  employ  a  superintendent  for  the 
schools  of  his  township  or  for  any  number  of  such  schools. — Bingham,  Att.-Gen. 

76. x  Duration  of  School  in  Any  Year.  2.  Said  school  trustees  shall 
maintain  in  each  school  corporation  a  term  of  school  at  least  six  months  in 
duration,  and  shall  authorize  a  local  tuition  levy  sufficient  to  conduct  a  six 
months'  term  of  school  each  year  based  on  estimates  and  receipts  from 
all  sources  for  the  previous  year,  which  may  include  that  received  from  the 
state's  tuition  revenue:  Provided,  Such  levy  shall  not  exceed  the  limit 
now  provided  by  law.  ( §64 11.) 

1.  NOTE.     It  is  legal  to  continue  the  term  in  high  schools  for  a  longer  period  than 
the  term  in  grade  and  district  schools. 

2.  DONATIONS.     Donations  may  be  received  by  the  school  authorities  to  extend 
the  term  of  school,  and  the  schools  continued  accordingly. 

77.  Janitors — Care    and    Management   *of    School    Property.      3. 

Said  school  trustees  shall  have  the  care  and  management  of  all  property, 
real  and  personal,  belonging  to  their  respective  corporations  for  common 
school  purpose's,  except  the  congressional  township  school  lands,  which 
lands  shall  be  under  the  care  and  management  of  the  trustees  of  the  civil 
township  to  which  such  lasids  belong.  Said  school  trustees  shall  provide 
such  janitor  help  as  may  be  deemed  necessary  to  properly  care  for  the  schools 
and  premises  under  their  control,  and  such  janitors  shall  be  paid  from  the 
special  school  funds  of  the  township.  (As  amended  1907,  p.  385;  §6412.) 

[Acts  1865,  p.  3.     Approved  March  6,  1865.1 

78.  Towns  and  Cities.     4.     Each  civil  township  and  each  incorporated 
town  or  city  in  the  several  counties  of  the  state  is  hereby  declared  a  distinct 
municipal  corporation  for  school  purposes,  by  the  name  and  style  of  the  civil 
township,  town  or  city  corporation,  respectively,  and  by  such  name  may 
contract  and  be  contracted  with,  sue  and  be  sued,  in  any  court  having  com- 


SCHOOL   LAWS    OF    INDIANA  73 

•etent  jurisdiction;  and  the  trustee  of  such  township,  and  the  trustees  pro- 
ided  for  in  the  next  section  of  this  act,  shall,  for  their  township,  town,  or 
ity,  be  school  trustees  and  perform  the  duties  of  clerk  and  treasurer  for  school 
mrposes.  (§6405.) 

1.  PROPERTY  AND  KKVKNUKS.  When  a  village  becomes  incorporated  the  school 
own  thus  created  becomes,  as  trustee  by  statute,  the  successor  of  the  township  in  t he- 
ight to  the  |.<>sx,.^j,,ii  and  control  of  school  property  within  its  territory. — School 
I'nun  of  Leeshurg  v.  Plain  Township,  si;  hid.  r,s_>.  And  as  soon  a*  school  trustees  are 
ippointed  and  qualified  they  ha\e  a  right  to  demand  and  receive  of  the  township 
;rustrc  whatever  sums  of  money  he  has  received  by  reason  or  on  account  of  the  school 
children  roidinu'  within  or  transferred  to  the  town,  and  he  can  not  lawfully  withhold  it 
on  any  ground.  Hi-  n-c.-ived  and  held  it  in  trust  for  those  children. — Johnson  v.  Smith, 
(it  Ind.  275. 


•I 


[Acts  1865,  p.  3.     Approved  March  6,  1865.] 


79.  Record — Duty   as   to   Revenue.     8.     The  trustees  shall  keep  a 
nl  of  their  proceedings  relative  to  the  schools,  including  all  orders  and 

allowances  on  account  thereof;  including,  also,  accounts  of  all  receipts  and 
expenditures  of  school  revenue,  distinguishing  between  the  special  school 
revenue  belonging  to  their  township,  town  or  city,  and  the  school  revenue 
for  tuition,  which  belongs  to  the  state,  and  by  it  apportioned  to  their  town- 
ship, town  or  city;  which  said  revenue  for  tuition  they  shall  not  pernit  to  be 
expended  for  any  other  purpose,  nor  even  for  that  purpose  in  advance  of  its 
apportionment  to  their  respective  corporations.  (§6408.) 

[Acts  1877,  p.  18.    Approved  March  3,  1877.] 

80.  Surplus  Special  School  Revenue.      1.     It  shall  be  the  duty  of 
the  board  of  school  trustees  of  any  city  or  incorporated  town  in  this  state 
to  pay  over  to  the  common  council  or  board  of  trustees  of  such  city  or  town 
any  surplu-  >pucial  school  revenue  in  the  hands  of  such  school  trustees,  not 

ary  to  meet  current  expenses;  such  excess  of  the  revenue  aforesaid  to 
be  applied  for  the  payment  of  the  interest  or  principal,  or  both,  of  any  in- 
debtedness incurred  under  the  provisions  of  the  act  of  March  8,  1873,  author- 
i/.inir  cities  and  incorporated  towns  to  negotiate  and  sell  bonds  to  procure 
means  to  erect  and  complete  unfinished  school  buildings,  and  to  purchase 
any  ground  and  building  for  school  purposes,  and  to  pay  debts  contracted 
for  the  erection  and  purchase  of  buildings  and  grounds.  (§6489  as  amended 
1879,  p.  95.) 

1.     P  vi  \ii  \  i-   FOR  SCHOOL  HOUSE.     A  city  can  not  pay  for  a  schoolhouse  out  of 
•i.-ral  fund.     Such  payment  must  be  paid  out  of  a  fund  especially  levied  for  that 
purpose.  -  Nill  v.  Jenkinson,  15  Ind.  425. 

[Acts  1873,  p.  68.     Approved  March  8,  1873.] 

81.  Superintendent  in   Cities  and  Towns.      12.     The  school  trus- 
of  incorporated  towns  and  cities  shall  have  power  to  employ  a  superin- 
tendent for  their  schools  (whose  salary  shall  be  paid  from  the  special  school 
revenue),  and  to  prescribe  his  duties,  and  to  direct  in  the  discharge  of  the 
same.     (§6488.) 

' 


1.     COMPENSATION.     In  case  a  person  is  employed  to  superintend  part  of  the  time 
and  teach  part  of  the  time,  he  can  be  paid  for  the  services  he  renders  as  superintendent 


74  SCHOOL    LAWS    OF    INDIANA 

out  of  the  special  revenue,  and  for  the  services  he  renders  as  teacher  out  of  the  tuition 
revenue.     If  paid  anything  from  the  latter,  he  must  possess  a  valid  license. 

2.  LENGTH  OF  EMPLOYMENT.     A  city  or  town  superintendent  may  be  employed 
for  one  or  more  years,  but  it  is  not  advisable  to  employ  him  for  more  than  three. 

3.  CONTRACT  WITH  SUPERINTENDENT.     A  contract  made  by  school  trustees  with 
a  school  superintendent  prior  to  the  June  election  of  trustees,  for  ser vices  to  be  per- 
formed after  such  election,  is  binding  oh  the  corporation.- — Reubelt  v.  School  Town, 
106  Ind.  478. 

4.  TERM  OF  CONTRACT.     School  trustees  may  employ  a  superintendent  of  schools 
for  a  period  of  three  years,  although  all  the  terms  of  such  trustees,  will  end  before  the 
expiration  of  such  period. — Moon  v.  School  City,  —  App.  — .    98  N.  E.  153. 

[Acts  1883,  p.  118.    Approved  March  6,  1883.] 

82.  Trustees'   Reports.     21.     The  trustees  of  each  township,  town 
or  city,  shall,  annually,  on  the  first  Monday  of  August,  make  their  report 
for  the  school  year  ending  on  the  31st  day  of  July,  and  furnish  to  the  county 
superintendent  the  statistical  information  obtained  from  teachers  of  the 
schools  of  their  respective  townships,  towns,  or  cities,  and  embody  in  a  tab- 
ular form  the  following  additional  items:     The  number  of  districts;  schools 
taught,  and  their  grades;  teachers,  males  and  females;  average  compensation 
of  each  grade;  balance  of  tuition  revenue  on  hand  at  the  commencement  of 
the  current  year;  amount  received  during  the  year  from  the  county  treasurer, 
and  amount  expended  within  the  year  for  tuition;  and  balance  on  hand; 
length  of  school  taught  within  the  year,  in  days;  schoolhouses  erected  during 
the  year;  the  cost  of  the  same;  the  number  and  kind  before  erection,  and  the 
estimated  value  thereof,  and  of  all  other  school  property;  number  of  volumes 
in  the  library,  and  the  number  taken  out  during  the  year  ending  the  31st 
day  of  July;  also  the  number  of  volumes  added  thereto;  assessment  on  each 
one  hundred  dollars 'of  taxable  property,  and  on  each  poll  of  special  tax  for 
school  house  erection,  and  amount  of  such  levy;  balance  of  special  school 
revenue  on  hand  at  the  commencement  of  the  current  year;  amount  received 
during  the  year  from  the  county  treasurer;  the  amount  of  said  revenue  ex- 
pended during  the  year,  and  balance  on  hand;  the  number  of  acres  of  unsold 
congressional  school  lands,  the  value  thereof,  and  the  income  therefrom; 
together  with  such  other  information  as  may  be  called  for  by  the  county  sup- 
erintendent and  the  superintendent  of  public  instruction.     (§6425.) 

[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

• 

83.  Failure  to  Report.     22.     On  failure  of  any  trustee  to  make  either 
the  statistical  report  required  by  the  last  preceding  section,  or  the  report  of 
the  enumeration  required  by  the  sixteenth  section  of  this  act  [§4473],  or  the 
report  of  finances  required  by  the  seventh  section  of  this  act  [§4441j,  to  the 
county  superintendent,  at  the  time,  and  in  the  manner  specified  for  each  of 
said  reports,  the  county  superintendent  to  whom  such  reports  are  due  shall, 
within  one  week  of  the  time  the  next  semi-annual  apportionment  is  to  be 
made  by  the  auditor  of  the  county,  notify  said  auditor,  in  writing,  of  any 
such  failure;  and  the  auditor  shall  diminish  the  apportionment  of  said  town- 
ship, town  or  city  by  the  sum  of  twenty-five  dollars,  and  withhold  from  the 
delinquent  trustee  the  warrant  for  the  money  apportioned  to  his  township, 
town  or  city,  until  such  delinquent  report  is  duly  made  and  filed.     For  said 
twenty-five  dollars,  and  any  additional  damages  which  the  township,  town 


SCHOOL    LAWS    OF    INDIANA  75 

•it  v  may  sustain,  by  reason  of  stopping  said  money,  such  trustee  shall  be 
le  on  his  bond,  for  which  the  county  commissioners  may  sue.     ($•'• 

1H.  Neglecting  Duties.  23.  If  a  trustee  shall  fail  to  discharge  any 
>f  the  duties  of  his  office  relative  to  the  schools,  any  person  may  maintain 
ui  action  against  him  for  every  such  offense,  in  the  name  of  the  state  of  In- 
liana,  and  may  recover,  for  the  use  of  the  common  school  fund,  any  sum 
not  exceeding  ton  dollars;  which  sum,  when  collected,  shall  be  paid  into  the 
3ounty  treasury,  and  added  by  the  county  auditor  to  said  fund,  and  reported 
accordingly.  (§6427.) 

85.  Failing   to   Serve.     24.     Any  person  elected  or  appointed  such 
trustee,  who  shall  fail  to  qualify  and  serve  as  such,  shall  pay  the  sum  of  five 
dollars,  to  be  recovered  as  specified  in  the  preceding  section  for  the  use  therein 
named,  and  in  like  manner  added  to  said  fund,  unless  such  person  shall  have 
previously  served  as  such  trustee.     (§6428.) 

86.  Trustee's  Accounts.     141.     The  books,  papers  and  accounts  of 
any  trustee,  relative  to  schools,  shall  at  all  times  be  subject  to  the  inspection 
of  the  county  superintendent,  the  county  auditor,  and  the  board  of  county 
commissioners  of  the  proper  county.     (§6429.) 

87.  Examination  of  Trustee  and  his  Books.     142.     For  the  purpose 
of  such  inspection,  such  county  superintendent,  auditor,  and  board  of  county 
commissioners  may,  by  subpoena,  summon  before  them  any  trustee,  and 
require  the  production  of  such  books,  papers  and  accounts,  three  days' 
notice  of  the  time  to  appear  and  produce  them  being  given.     (§6430.) 

88.  Correction   of  Accounts — Removal.     143.     If  any  such  books 
and  accounts  have  been  imperfectly  kept,  said  board  of  commissioners  may 
correct  them,  and,  if  fraud  appear,  shall  remove  the  person  guilty  thereof. 

131.) 

[Acts  1895,  p.  127.     Approved  March  5,  1895.1 

89.  Trustee  to  take  Enumeration — Who  Enumerated.      14.     The 

school  trustees  of  the  several  townships,  towns  and  cities  shall  take  or  cause 
to  be  taken,  between  the  tenth  day  of  April  and  the  thirtieth  day  of  the  same 
month,  each  year,  an  on  n  of  all  unmarried  persons  between  the  ages 

of  six  and  twenty-one  years  resident  within  .the  respective  townships,  towns 
and  cat 

Kach  person  required  or  employed  to  take  such  enumeration  shall  take 
oath  or  atlirmation  to  take  the  same  accurately  and  truly  to  the  best  of  his 
skill  and  ability.  Sn<-h  oath  or  affirmation  shall  be  made  a  matter  of  record 
and  kept  on  file  in  the  ollice  of  the  school  trustee. 

In  making  the  said  enume  -tee,  or  person  so  employed,  shall 

distinguish  between  the  white  ;iml  colored  children,  enumerating  them  in 
separate  li-N.  and  shall  list  the  names  of  parents,  guardians,  heads  of  families, 
or  persons  having  ehar •;••  of  Buch  child  or  children,  male  or  female,  shall  list 
the  full  name  and  irive  tin-  sex  and  age  of  each  child  so  enumerated,  shall 
secure  the  signature  of  either  parent,  guardian,  head  of  family,  or  p. 
having  eharge  of  sin-h  child  or  children,  certifying  to  the  correctness  of  the 
same,  or  if  this  is  impossible,  shall  secure  the  signature  of  some  responsible 


76  SCHOOL    LAWS    OF    INDIANA 

person  who  can  certify  to  the  correctness  of  said  list;  and  he  shall  give  the 
number  of  the  school  district  to  which  such  parent,  guardian,  head  of  family 
or  person  having  charge  of  such  child  or  children  is  attached  for  school  pur- 
poses, and  the  number  and  initials  which  designate  the  congressional  township 
in  which  such  parent,  guardian,  head  of  family  or  person  having  charge  of 
such  child  or  children  resides.  In  cities  the  said  enumerator  shall  give,  in 
addition  to  the  above  enumerated  items,  the  street  and  number  of  residence 
of  such  person.  He  shall  include  in  such  list  all  unmarried  persons  between 
the  ages  of  six  and  twenty-one  years,  whose  parents,  guardians,  heads  of 
families  or  persons  having  charge  of  such  child  or  children,  shall  have  been 
transferred  to  his  township,  town  or  city  for  school  purposes;  and  he  shall 
exclude  from  such  list  all  persons  whose  parents,  guardians,  heads  of  families 
or  persons  having  charge  of  such  child  or  children  shall  have  been  transferred 
from  his  township,  town  or  city  for  school  purposes.  He  shall  not  include 
in  such  list  any  persons  residing  temporarily  in  his  township,  town  or  city 
for  the  purpose  of  attending  school,  or  who  are  members  of  a  family  staying 
temporarily  in  his  township,  town  or  city,  but  whose  actual  residence  is  else- 
where. He  shall  include  in  his  list  such  unmarried  persons  between  six  and 
twenty-one  years  of  age,  as,  are  dependent  upon  themselves  and  not  under 
charge  of  parents,  guardian  or  heads  of  families,  and  shall  so  designate  sucTi 
persons  in  a  separate  list,  giving  in  cities  the  street  and  number  of  the  resi- 
dence of  such  persons.  He  shall  enumerate  no  one  who  is  not  reported  to 
him  personally,  and  properly  certified  to  as  herein  provided,  except  in  cases 
of  minors  who  are  dependent  upon  no  one,  and  not  inmates  of  any  family 
who  may  be  reported  as  herein  provided  for:  Provided,  That  if  any  parent, 
guardian,  head  of  family  or  person  having  charge  of  any  child,  shall  be  absent, 
the  enumerator  shall  ascertain  the  facts  required  from  other  reliable  sources, 
and  sign  his  own  name  to  the  certificate  herein  required;  and  in  case  any 
parent,  guardian,  head  of  family  or  person  having  charge  of  any  child  entitled 
to  school  privileges  shall  refuse  to  report  to  the  enumerator  any  facts  herein 
required,  necessary  to  a  full  and  accurate  enumeration,  he  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined  not  less  than  one 
nor  more  than  ten  dollars.  Each  person  required  or  employed  to  take  the 
enumeration  as  provided  for  in  this  act,  shall,  when  making  returns  of  sai-d 
enumeration  to  the  proper  officers,  make  affidavit  or  affirmation  that  he  has 
taken  and  returned  the  enumeration  in  accordance  with  the  provisions  of 
this  act,  to  the  best  of  his  knowledge  and  belief,  and  that  such  list  contains 
the  names  of  all  persons  entitled  to  be  enumerated,  and  no  others.  The 
officer  to  whom  such  return  is  required  to  be  made  may  take  and  shall  certify 
such  affidavit  or  affirmation,  and  shall  keep  in  his  office  such  affidavit  or 
affirmation  and  such  report  and  list  of  names ;  and  each'person  so  taking  and 
returning  the  enumeration  shall  be  allowed  by  the  township  school  trustee, 
or  the  school  trustees  of  incorporated  towns  or  cities,  reasonable  compensa- 
tion per  diem  for  his  services,  to  be  paid  out  of  the  special  school  fund  of  such 
township,  town  or  city.  Any  person  appointed  as  enumerator,  or  any  officer 
through  whose  hands  the  enumeration  required  by  this  act  shall  pass,  who 
shall  knowingly  enumerate  persons  not  entitled  to  be  enumerated,  or  who  shall 
in  any  manner  add  to  or  take  from  the  number  actually  enumerated,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  of  such  offense,  shall 
be  fined  in  any  sum  not  less  than  five  nor  more  than  one  hundred  dollars,  or 


SCHOOL    LAWS    OF   INDIANA  77 


ii   prisonment  in  the  county  jail  not  less  than  ten  nor  more  than  thirty  days» 
a    the  discretion  of  the  court.     (§6447.) 

1.  ENUMERATORS  TO  BE  PAID  BY  THE  DAY.     A  school  board  has  no  authority 
v  latever  to  let  a  general  contract  to  take  the  school  enumeration,  nor  has  it  any 
;i    tlmrity  to  pay  its  employes  in  taking  such  enumeration,  otherwise  than  by  the  day. 
-    Bingham.  Att.-(  it n 

2.  PKRSONS  EMMI  HA n  i>      Only  unmarried  persons  between  the  ages  of  six  and 
t  ,-rn»  y-onr  years  of  age  are  to  be  enumerated  as  school  children,  and  persons  must  be 
<   mint-rated  in  the  township  where  they  reside. — Draper  v.  Cambridge,  20  Ind.  26S; 

lerr.  state,  161  Ind.  43"). 

[Acts  1895,  p.  127.    Approved  March  5,  1895.] 


90.  Enumeration,    Where    Filed — Retaking.      18.     Each    township 
rustee  and  the  president  of  the  board  of  school  trustees  of  towns  and  cities 
hall,  on  or  before  the  first  day  of  May,  annually,  report  to  and  file  with  the 
•ounty  superintendent  of  the  proper  county,  a  copy  of  the  enumeration  for 
;chool  purposes  of  his  township,  town  or  city,  with  a  list  of  transfers  to  such 
;ownship,  town  or  city,  with  his  affidavit  endorsed  thereon  to  the  effect  that 
:he  same  is,  to  the  best  of  his  knowledge  and  belief,  full  and  accurate  and 
taken  in  accordance  with  the  provisions  of  the  law  governing  the  enumera- 
tions.    When  said  county  superintendent,  however,  on  an  examination  of 
the  enumeration  returns  of  any  township,  town  or  city,  finds  any  evidence 
that  the  enumeration  is  excessive  in  number  or  in  any  other  way  incorrect 
he  may  require  the  same  to  be  retaken  and  returned,  and  if  he  deem  it  neces- 
sary he  may,  for  t  his  purpose,  appoint  persons  to  perform  the  service,  who  shall 
take  t  IK-  same  oath,  perform  the  same  duties,  and  receive  the  same  compensa- 
tion out  of  the  same  funds  as  the  person  or  persons  who  took  the  enumera- 
tion in  the  first  place,  and  the  school  revenue  shall  be  distributed  to  such 
school  corporation  upon  the  corrected  returns.     (§6463.) 

[Acts    1913,    p.    78.] 

91.  Soldiers  and   Sailors — Enumeration.      1.     That  beginning  with 
the  year   P.M.").  and  every  year  thereafter,  the  school  trustees  of  the  several 
townships,  towns  and  cities  of  this  state,  at  the  time  when  they  take  or  cause 
to  be  taken,  the  enumeration  of  all  unmarried  persons  between  the  ages  of 
-i\    ii    and  twenty-one  (21)  years,  resident  within  the  respective  townships, 
touns  or  cities,  as  provided  for  in  the  laws  of  this  state,  shall  likewise  be  re- 
quired to  lake  or  cause  to  be  taken,  by  the  same  person  who  takes  such  school 
enumeration,  a  supplementary  enumeration  of  all  persons  living  within  such 
townships,  who  served  in  the  army  or  navy  of  the  United  States  during  the 
Mexican  war,  the  Civil  war  or  the  Spanish-American  war,  or  who  have 
served  one  or  more  enlistments  in  the  United  States  army,  the  United  States 
navy,  or  the  national  guards.      In  taking  or  causing  to  be  taken  such  supple- 
mentary enumeration,  the  trustee  or  person  so  employed  shall  list  the  full 
names  and  ages  of  such  soldiers  and  sailors,  t  ho  company,  regiment  or  bat- 
tery in  which  they  served,  and   the  state  from   which   they  enlisted.     Each 
person  required  or  employed  to  take  such  enumeration  shall  take  the  same 
accurately  and  truly  to  the  best  of  his  skill  and  ability.      (§10055a.) 

92.  Duplicate  Lists — Filed  with  State  Library.     2.     Such  supple- 
mentary enumeration  lists  shall  be  prepared  in  duplicate,  on  separate  sheets 


78  SCHOOL    LAWS    OF    INDIANA 

or  lists,  which  shall  be  provided  for  that  purpose.  And  when  the  enumera- 
tion of  all  such  soldiers  and  sailors  shall  have  been  completed  and  when  the 
duplicate  enumeration  lists,  herein  provided  for,  shall  have  been  prepared  and 
authenticated,  the  township  trustee  of  each  and  every  township  in  this  state 
shall  deposit  one  (1)  copy  of  such  supplementary  enumeration  lists  in  the 
office  of  the  clerk  of  the  circuit  court  of  the  county  in  which  his  township  is 
situated,  and  he  shall  enclose  such  other  list  securely  in  an  envelope  and  mail 
it  to  the  state  librarian  of  this  state,  and  the  lists  so  secured  and  obtained 
shall  be  classified  and  bound  and  deposited  in  the  archives  of  the  state  li- 
brary. (§10055b.) 

[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

93.  Township  in  Two  or  More  Counties — Report.      19.     When. a 
congressional  township  is  located  in  two  or  more  counties,  the  proper  trustees 
for  each  portion  thereof  in  the  several  counties  shall  report,  at  the  same  time 
and  in  like  manner  as  provided  in- the  last  preceding  section,  to  the  county 
superintendent  of  the  county  in  which  the  congressional  township  fund  of 
such  township  is  held  in  trust  and  managed.     (§6464.) 

1.  EXPLANATION.  This  section  requires  that  when  a  congressional  township  is 
located  in  two  or  more  counties,  the  proper  trustees  for  each  portion  thereof  shall  make 
two  separate  and  distinct  reports  of  enumeration. 

[Acts  1877,  p.  122.    Approved  March  2,  1877.] 

94.  County   Board   of  Education.     8.     The   county  superintendent 
and  the  trustees  of  the  townships,  and  the  chairman  of  the  school  trustees 
of  each  town  and  city  of  the  county  shall  constitute  a  county  board  of  educa- 
tion.    Said  board  shall  meet  semi-annually  at  the  office  of  the  county  sup- 
erintendent on  the  first  days  of  May  and  September  (unless  the  said  days  be 
Sunday,  and  if  so,  on  the  day  following),  a  majority  of  whom  shall  constitute 
a  quorum.     The  county  superintendent  shall  preside  at  the  meetings  of  the 
board,  shall  be  allowed  to  vote  on  all  questions  as  other  members  of  the 
same  are  allowed  to  vote.     Said  board  shall  consider  the  general  wants  and 
needs  of  the  schools  and  school  property  of  Avhich  they  have  charge,  and  all 
matters  relating  to  the  purchase  of  school  furniture,  books,  maps,  charts, 
etc.     The  change  of  text-books,  except  cities,  and  the  care  and  management 
of  township  libraries,  shall  be  determined  by  such  board,  and  each  township 
shall  conform  as  nearly  as  practicable  to  its  action;  but  no  text-book  here- 
after adopted  by  the  county  board  shall  be  changed  within  six  years  from  the 
date  of  such  adoption,  except  by  unanimous  vote  of  all  the  members  of 
such  board :     Provided,  That  any  text-book  heretofore  adopted  by  the  county 
board  of  education  shall  not  be  changed  within  three  years  from  the  date 
of  its  adoption.     (§6403.) 

1.  QUORUM,  RULES  AND  REGULATIONS,  RECORDS,  ETC.  In  the  absence  of  the 
county  superintendent  the  board  may  appoint  one  of  its  members  president  pro  tern. 
No  action  can  be  taken  by  the  board  unless  a  majority  of  all  the  members  are  present. 
If  such  majority  be  present  at  any  meeting  the  board  may  take  legal  action  upon  suit- 
able questions  by  a  majority  vote  of  those  present;  but  some  questions  require  a  ma- 
jority vote,  and  others  a  unanimous  vote,  of  all  the  members  of  the  board. 

The  board  may  adopt  rules  and  regulations  for  the  government  of  the  schools  of 
the  county. 


SCHOOL   LAWS    OF    INDIANA  79 


It  is  very  important  that  school  officers  and  county  boards  should  make  a  careful 
n  ord  of  their  proceedings.  If  a  board  takes  any  legal  action,  and  fails  to  record  it. 
O!  makes  an  incorrect  record,  the  record  can  be  amended  by  order  of  the  board  at  a 
s<  jsequent  meeting.  A  legal  act  is  not  necessarily  void  by  reason  of  a  failure  to  make 
a  ecord  of  it;  but  if  a  question  should  arise  as  to  the  action  of  a  board,  evidence  may 
b  taken  at  a  subsequent  meeting  outside  the  records,  and  a  new  record  may  be  made 
ii  accordance  with  the  fact  as  ascertained. 

The  county  board  and  trustees  have  the  right  to  make  such  rules  and  regulations, 
a  cording  to  law,  as  will  tend  to  promote  the  general  good  of  the  public  schools,  and  it 
i  the  duty  of  the  teachers  to  carry  out  such  rules  in  good  faith. 

2.  ADOPTION  OK  TEXT  BOOKS.  By  virtue  of  the  Act  of  1889  and  the  Acts  amenda- 
t  ry  and  supplemental  thereto,  the  authority  and  duty  of  select  in  ir  text  books  for  use 
i  the  common  and  high  schools  of  the  state  is  vested  in  the  State  Board  of  Education 
>  ttinn  as  a  state  Board  of  School  Book  Commissioners  and  hence  the  county  board  of 
<  lucation  has  no  authority  to  select  text  books  for  use  in  the  schools. 

I  Acts  1911,  p.  350.     Approved  March  4,  1911.] 

95.  Emergency  School  Township  Debts  Legalized.  1.  When- 
ver,  since  the  enactment  of  an  act  entitled  "An  act  concerning  township 
msiness,"  approved  February  27,  1899,  Burns'  Revised  Statutes  1908,  sec- 
ions  9590  et  seq.,  and  prior  to  March  5th,  1909,  any  township  advisory  board 
)f  any  township  in  the  State  of  Indiana,  when  convened  in  regular  or  special 
session  at  which  a  quorum  of  all  the  then  members  of  such  advisory  board 
was  present  and  acting,  such  advisory  board  by  the  consent  and  vote  of  such 
quorum  shall  have  found  that  an  emergency  and  necessity  existed  for  the 
construction  of  a  new  school-building  or  an  addition  to  a  then  existing  school 
building  in  said  township,  that  the  cost  thereof  would  be  in  excess  of  the  sum 
available  therefor  out  of  the  annual  levy  in  said  township,  and  thereupon, 
l>\  the  consent  and  vote  of  sucn*  quorum,  the  trustee  of  said  township 
was  authorized  to  borrow  money  to  pay  the  cost  of  construction  of 
such  new  school-building  or  of  such  addition  to  such  then  existing  school- 
building,  and  to  issue  and  make  the  obligation  of  obligations  or  such 
township  therefore,  but  by  oversight  or  neglect  such  finding,  consent,  vote 
and  authority  of  said  advisory  board  was  not  entered  of  record  and  signed, 
but  said  trustee,  in  pursuance  of  such  consent,  vote  and  authority,  did,  in 
good  faith,  borrow  money  necessary  for  the  construction  of  such  school- 
building  or  addition  to  a  thru  existing  school-building,  and  in  good  faith  ex- 
ecuted the  written  obligation  or  obligations  of  such  township  therefor,  to 
run  not  exceeding  li\e  years  and  to  hear  not  exceeding  six  per  centum  interest 
per  annum  and  such  money  so  borrowed  was,  in  good  faith,  actually  expend- 
ed in  the  construction  of  such  new  school-building  or  such  addition  to  a  then 
existing  school-building,  then,  in  all  such  cases,  the  indebtedness  so  author- 
i/,ed  and  contracted,  the  proceeds  of  which  was  so  used,  and  said  written 
obligation  or  obligations  so  executed  therefor,  shall  be  and  are  hereby  legal- 

•  ized,  validated  and  made  the  legal  obligation  or  obligations  of  said  school 
township  in  which  such  action  was  taken  and  such  school-building  or  addition 
was  constructed,  to  the  same  extend  (extent]  as  if  such  finding,  consent,  vote 
and  action  had  heen  duly  made,  given  and  taken  and  such  record  made  and 
signed  in  strict  accordance  with  said  act  approved  February  27,  1899,  and 
any  and  all  amendments  and  additions  thereof,  and  1  hereto  and  any  and  all 
amendments  of  any  section  thereof,  and  taxes  shall  he  duly  levied  in  said 
township  to  raise  money  to  pay  off  such  obligation  or  obligations  according 


80  SCHOOL    LAWS    OF    INDIANA 

to  the  terms  thereof:     Provided,  That  nothing  in  this  act  shall  affect  any 
pending  litigation  in  any  of  the  courts  of  this  state. 

[Acts  1911,  p.  27.     Approved  February  16,  1911.1 

96.  School   Township   Debts   Legalized.     1.     Whenever,    since   the 
enactment  of  "An  act  concerning  township  business",  approved  February 
27,  1899,  Burns'  Revised  Statutes,  1908,  section  9590,  etc.,  and  prior  to  June 
27,  1905,  the  date  when  a  transfer  to  the  supreme  court  of  Indiana  was 
denied  in  the  cause  of  Lincoln  School  Township  vs.  Union  Trust  Company 
of  Indianapolis,  reported  in' vol.  36,  page  113,  of  the  reports  of  the  appellate 
court  of  Indiana,  any  school  township  in  Indiana,  acting  by  its  trustee,  shall 
have  in  good  faith  attempted  to  comply  with  the  act  entitled  "An  act  to  limit 
the  powers  of  township  trustees  in  incurring  debts,  and  requiring  him  to 
designate  certain  days  for  the  transaction  of  township  business,"  approved 
March  11,  1875,  Burns'  Revised  Statutes  1908,  section  9583,  and  shall  have 
procured  the  consent  and  order  of  the  board  of  commissioners  of  the  proper 
county  at  any  regular  or  special  session  thereof  to  borrow  money  on  behalf  of 
such  school  township  for  the  purpose  of  erecting  school  buildings  in  such 
township,  and  shall  have,  pursuant  to  such  an  order  of  such  board  of  commis- 
sioners, borrowed  any  sum  of  money  from  persons  or  corporations  loaning  the 
same  in  good  faith  to  such  township,  and  such  township  shall  have  executed  to 
such  persons  or  corporations  its  written  obligations  in  evidence  of  and  for 
the  amount  of  such  loans,  and  said  sum  of  money  so  borrowed  shall  have  been 
faithfully  expended  by  such  school  township  in  paying  for  the  school  build- 
ings for  which  it  was  authorized  to  be  borrowed  by  such  order  of  such  boards 
of  commissioners,  then  and  in  all  such  cases  such  debts  so  authorized,  and 
the  proceeds  of  which  were  so  used,  and  the  obligations  of  such  school  town- 
ships evidencing  such  debts,  shall  be  and  are  hereby  legalized  and  validated 
to  the  same  extent  as  if  said  debts  had  been  duly  authorized  by  the  advisory 
boards  of  such  townships;  also  that  all  payments  of  principal  or  interest  on 
account  of  the  aforesaid  debts  made  by  the  trustees  and  advisory  boards 
of  such  townships  shall  be  and  are  hereby  legalized  and  validated;  also, 
that  all  debts  heretofore  created  by  such  school  townships  for  money  borrowed 
and  used  for  the  purpose  of  paying  the  principal  or  interest  on  the  class  of 
debts  first  herein  described,  and  all  obligations  evidencing  such  last  described 
debts,  be  and  the  same  are  hereby  legalized  and  validated,  all  to  the  same 
extent  as  if  said  debts,  and  the  obligations  evidencing  the  same,  had  been 
duly  made  and  authorized  by  the  advisory  boards  of  such  townships  in  strict 
conformity  with  said  act,  approved  February  27,  1899. 

[Acts  1911,  p.  613.    Approved  March  6,  1911.] 

97.  School  Bond    Sales    Legalized.      1.     That   all   bonds    heretofore 
issued  and  sold  by  the  township  trustee  of  any  township  pursuant  to  the 
order  of  the  advisory  board  of  any  such  township  in  this  state,  for  the  purpose 
of  providing  money  for  the  construction  of  any  sctiool  building  under  ^olor 
of  any  statute  of  this  state,  where  the  purchase  price  for  said  bonds  has  been 
actually  received  and  retained  or  used  for  the  purpose  for  which  said  bonds 
were  ordered  to  be  sold,  are  hereby  legalized;  and  all  proceedings  or  acts  of 
any  such  advisory  board  or  trustee  under  which  said  bonds  were  issued  and 
sold  are  hereby  fully  legalized  and  declared  valid. 


SCHOOL    LAWS    OF    INDIANA  81 


Funding  Bonds — Sales  Legalized.  2.  That  all  bonds  hereto- 
f<  *e  issued  and  sold  by  the  township  trustee  of  any  township,  pursuant 
t  the  order  of  the  advisory  board  of  any  su"h  township  in  this  state,  for  tae 
p  xpose  of  refunding  any  outstanding  indebtedness  of  such  township  under 
•:••  lor  of  any  statute  of  this  state,  where  the  purchase  price  for  said  bonds 
h  ,s  been  actually  received  and  retained  by  such  township  or  used  for  the  pur- 
p  >se  for  which  said  bonds  were  ordered  to  be  sold,  are  hereby  legalized; 
a  id  all  proceedings  or  acts  of  any  such  advisory  board  or  trustee  under  which 
s  id  bonds  were  issued  and  sold,  are  hereby  fully  legalized  and  declared 
I 


Pending  Litigation,  3.  Nothing  in  this  ac;t  contained  si-all  be 
s  •  construed  as  to  affect  anv  pending  litigation  or  to  legalize  any  bond  or 
I  mds  issued  or  sold  in  excess  of  any  constitutional  limitation  of  the  amount 
c  indebtedness  authorized  to  be  created. 


[Acts  1911,  p.  42.    Approved  February  24,  1911.] 


100.  School  Bonds — Issue  Legalized.  2.  Any  and  all  bonds  here- 
1  >fore  issued  and  sold  by  the  order  or  direction  of  the  board  of  trustees  or 
(  ther  authorities  of  any  school  city  or  school  town  of  this  state  under  ^olor 
(  f  any  statute  of  this  state,  for  the  purpose  or  providing  money  for  the  use 
( f  such  school  ^ity  or  school  town,  where  the  purchase  price  for  said  bonds 
i  as  been  actually  received  and  retained  or  used  for  the  purpose  for  which 
taid  bonds  were  ordered  to  be  sold,  are  hereby  legalized;  and  all  proceedings 
(  r  acts  of  any  such  board  of  trustees  or  other  officer  under  which  said  bonds 
/ere  issued  and  sold,  are  hereby  fully  legalized  and  declared  valid. 


1  .ere  i 

,. 


1.  Pending  Litigation  3.  Nothing  in  this  act  contained  shall  be 
*o  construed  as  to  affect  any  pending  litigation  or  to  legalize  any  bond  or 
bonds  issued  or  sold  in  excess  of  any  constitutional  or  statutory  limitation 
of  the  amount  of  indebtedness  authorized  to  be  created. 


[Acts  1911,  p.  141.    Approved  March  2,  1911.] 


102.  Township  Debt  Certificates  Legalized.  1.  All  orders 
varrants  or  certificates  of  indebtedness  drawn  and  issued  by  any  township 
rustee  on  the  advice  and  consent  on  the  advisory  board  of  said  township 
against  any  fund  whatsoever,  which  were  drawn  and  issued  subsequent 
:o  January  1,  1900,  being  the  first  day  of  the  calendar  year  for  which 
ippropriations  yould  have  been  made,  by  the  township  advisory  board, 
pursuant  to  the  provisions  of  the  a"t  entitled  "An  act  concerning 
township  business,"  and  which  orders,  warrants  or  certificates  of  in- 
debtedness were  based  upon  emergencies  declared  by  the  advisory  board 
and  appropriations  made  therefor  and  for  work  done  and  material  purchased 
on  th<-  order  of  said  advisory  board  and  which  orders,  warrants  or  certificates 
of  indebtedneM  \\civ  «  \< .  utrd  by  the  trustee  and  approved  by  the  advisory 
board  of  said  township  and  for  which  the  township  received  the  full  benefit 
but  for  tin-  payment  of  which  orders,  warrants  or  ccrtifr  ates  of  indebtedness 
e  advisory  board  failed  at  its  next  regular  session,  after  having  authorized 
to  make  provisions  for  the  payment  of  the  same  and  which  orders, 
nts  or  certificates  of  indebtedness  are  still  unpaid  and  outstanding 

8554—6 


82  SCHOOL   LAWS    OF   INDIANA 

because  of  such  failure  to  make  provision  for  the  payment  of  same  are  hereby 
declared  to  be  legal  and  valid  claims  against  su«3h  township:  Provided,  That 
nothing  in  this  act  shall  in  any  way  affect  any  suit  now  pending  in  any  of  the 
courts  of  Indiana  but  the  same  shall  be  heard  and  determined  the  same 
as  if  this  act  had  not  been  passed. 

103.  Schools — Bonds    Legalized,         1.     That   all   bonds   heretofore 
issued  by  the  order  and  direction  of  the  board  of  school  trustees  or  other  au- 
thorities of  any  school  city  or  school  town  of  this  state  under  r-olor  of  any  sta- 
tute of  this  state,  pursuant  to  the  order  and  direction  of  the  common  council 
or  board  of  trustees  of  such  city  or  town,  for  the  building  of  school  houses 
where  necessary  to  build  and  repair  the  same  for  the  use  of  such  school  city 
or  school  town,  and  such  school  trustees  having  failed  to  comply  with  the 
laws  of  the  State  of  Indiana  in  respect  to  the  proper  construction  and  sanitary 
conditions  of  the  same,  are  hereby  legalized;  and  all  proceedings  or  acts  of  any 
such  board  of  trustees  of  such  city  or  town  under  which  said  bonds  were 
issued,  are  hereby  fully  legalized,  and  declared  valid. 

104.  Pending  Litigation.     2.     Nothing  in  this  act  contained  shall  be 
so  construed  as  to  affect  any  pending  litigation.     (Acts  1913,  p.  264.) 

[Approved  March  5,  1915.] 

105.  Schools — Legalizing   Township   Debts — Authorizing    Bonds. 

1.  That  whenever,  since  the  enactment  of  an  act  entitled  "An  act  concern- 
ing township  business,"  approved  February  27,  1899,  Burns'  Revised  Statutes 
1914,  section  9590  et  seq.,  and  prior  to  November  1,  1914,  that  in  all  townships 
of  this  state  having  a  population  of  less  than  1,430  and  more  than  1,420,  as 
shown  by  the  last  preceding  United  States  census,  any  township  advisory 
board  of  any  such  school  township  within  the  State  of  Indiana,  when  con- 
vened in  annual  or  special  session,  the  calling  of  which  session  being  regular 
or  irregular,  at  which  a  quorum  of  all  the  members  of  such  advisory  board 
was  present  and  acting,  such  advisory  board  by  the  consent  and  vote  of  such 
quorum  having  neglected  to  find  that  an  emergency  and  necessity  existed 
for  the  construction  of  a  new  school  building,  or  an  addition  to  a  tiien  existing 
school  building  in  said  township,  and  did  at  such  meeting  or  meetings,  duly 
authorize  the  construction  of  certain  school  buildings  or  additions  and  repairs 
to  then  existing  school  buildings  in  such  school  township,  but  then  and  there 
neglecting  and  failing  to  appropriate  the  necessary  funds  to  pay  for  said 
improvements  before  the  undertaking  or  completion  of  such  inprovements  so 
authorized  by  a  majority  of  such  board,  and  wherein  the  trustee  of  said  town- 
ship was  then  and  there  directed  to  advertise  for  bids  and  let  contracts 
therefor,  but  by  reason  of  oversight  or  neglect  such  finding,  consent,  vote 
and  authority  was  not  entered  of  record  and  signed,  but  said  trustee,  in  pur- 
suance of  such  consent,  vote  and  authority,  and  in  good  faith,  did  have  plans 
and  specifications  prepared  for  said  school  buildings  or  additions  to  then  existing 
school  buildings,  and  did  then  and  there  give  the  legal  notice  for  bids  therefor, 
and  did  then  and  there  receive  bids  for  such  improvements,  and  did  then  and 
there  award  said  contract  or  contracts  to  the  lowest  and  best  bidder  therefor 
and  did  enter  into  a  proper  contract  in  writing  with  the  successful  bidder 
and  the  said  bidder  giving  statutory  bond  for  the  faithful  performance  of 
the  work  under  the  said  improvements,  which  said  improvements  were  duly 


SCHOOL    LAWS    OF   INDIANA  83 


en  ered  into,  made  and  completed  and  afterwards  duly  accepted  by  the  proper 
ofi  3ials  of  said  school  township,  all  of  said  proceedings  being  by  the  township 
ofl  3ers  and  the  contractor  entered  into,  done  and  executed  in  good  faith, 
th  n  in  all  such  cases  the  contractual  rights  so  performed  and  indebtedness 
so  ncurred,  shall  be  and  are  hereby  legalized,  validated  and  made  the  legal 
ol  igations  of  said  school  township  in  which  such  action  is  taken  and  such 
sc  ool  buildings  or  additions  to  then  existing  school  buildings  were  then  and 
th  re  constructed,  erected  or  repaired,  and  authority  is  hereby  given  and  made 
fo  the  payment  for  said  new  school  buildings  or  additions  to  then  existing 
sc  ool  buildings,  or  repairs  to  the  same,  by  the  issuing  of  township  warrants 
or  bonds  therefor,  as  if  such  finding,  consent,  appropriation,  vote  and  action 
hi  i  been  duly  made,  given  and  taken  and  such  records  made  and  signed  in 
st  ict  accordance  with  said  act  approved  J  ebruary  27,  1899,  and  any  and  all 
ai  endments  and  additions  thereof  and  thereto,  and  any  and  all  amend- 
in  nts  of  any  section  thereof,  and  taxes  shall  be  duly  levied  in  said  township 
to  raise  money  to  pay  off  such  obligation  or  obligations,  to  be  hereafter  de- 
t<  mined,  according  to  the  terms  thereof:  Provided,  That  nothing  in  this 
a<  :  shall  affect  any  pending  litigation  in  any  of  the  courts  of  the  State  of  In- 
di  ina. 

106.  Advisory    Board — Provisions    for    Payment.      2.     The    Town- 
si  ip  advisory  board  of  any  township  where  orders,  warrants  or  certificates 
of  indebtedness  of  the  kind  and  class  described  in  section  1  of  this  act  are 
01  tstanding  is  hereby  authorized  and  empowered  to  make  immediately  pro- 
vi  nons  for  the  payment  of  such  orders,  warrants  or  certificates  of  indebted- 
n<  ss  by  appropriating  therefor,  as  provided  in  the  act  creating  such  advisory 
b(  ard  any  funds  in  the  township  treasury  not  now  otherwise  appropriated, 
01  by  making  a  temporary  loan  of  sufficient  funds  to  make  such  payments. 
Such  loans  to  be  made  in  accordance  with  the  provisions  of  the  law  providing 
for  temporary  loans  and  such  township  advisory  board  shall  then  at  its  next 
ai  inual  meeting  appropriate  and  levy  a  sum  sufficient  to  pay  such  loan,  or  by 
di  recting  the  issuing  of  bonds  of  such  township  in  a  sufficient  amount  to  make 
si  ch  payment,  such  bonds  to  be  issued  as  now  provided  for  bonds  for  the 
building  of  new  school  houses,  -not  to  exceed  five  years  and  not  less  than  one- 
filth  to  be  paid  each  year,  provision  for  the  payment  of  which  to  be  made 

v  the  advisory  board  at  eacli  annual  meeting  until  the  same  shall  be  paid. 

107.  Payment — Notice.     3.     As  soon  as  the  fund  provided  for  by 
this  act  shall  have  become  available  the  township  trustee  shall  at  once  give 

|)ti«je  that  there  are  funds  in  the  township  treasury  to  pay  such  warrants, 
hich  notice  shall  !><•  by  publication  for  two  successive  weeks  in  two  news- 
ipers  representing  opposite  political  parties  of  su-h  township,  or  if  there 
e  none  in  the  township  then  in  two  newspapers  of  opposite  political  parties 
the  county  in  which  such  township  is  located,  and  shall  describe  such 
rders,  warrants,  or  vM-rtifi.-atc  of  indebtedness  by  reference  to  the  fund  against 
v  hich  tbey  wero  drawn  and  as  having  been  issued  subsequent  to  January  1, 
'JOO,  and  no  intm-st  shall  be  paid  on  any  s'ich  orders,  warrants  or  certifi- 
i  indrbt-dness  after  thirty  days  from  the  date  of  the  first  publication 
such  notice. 


84  SCHOOL    LAWS    OF    INDIANA 

108.  Act  Remedial,     4.     This  act  is  hereby  declared  to  be  remedial 
only,  and  supplemental  to  t:ie  act  entitled  "An  act  concerning  township 
business." 

[Acts  1911,  p.  94.    Approved  February  27,  1911.] 

109.  Schools — Sale   of  Property.     1.     That  whenever  any  city   or 
town  shall  have  purchased  any  property  for  school  purposes  in  such  city  or 
town  and  shall  afterwards  find  that  any  property  so  purchased  is  unneces- 
sary for  such  purposes,  the  board  of  school  trustees  of  such  city  or  town  may 
sell  the  same  when  in  their  opinion  it  is  advantageous  to  such  city  or  town  so 
to  do,  at  public  auction  after  twenty  days  advertisement  of  such  sale,  to  the 
highest  bidder:     Provided,  That  before  such  sale  is  made  such  real  estate  shall 
be  appraised  by  two  freeholders,  voters  of  the  school  corporation  in  which 
such  real  estate  to  be  sold  is  situated,  and  sufh  appraisement  returned  be- 
fore the  advertisement  aforesaid  to  the  bchool  officer  or  officers  who  are  to 
sell  the  same,  in  writing  and  on  such  sale  su°.h  real  estate,  shall  not  be  sold 
for  less  than  the  appraised  value  thereof,  for  "ash,  and  upon  the  payment  of 
the  purchase  money  to  the  treasurer  of  school  trustees  said  board  of  school 
trustees  shall  execute  to  the  purchaser  a  deed  of  conveyance  which  shall 
be  sufficient  to  vest  in  such  purchaser  all  the  title  of  such  c  ity  or  town  thereto. 
The  money  derived  from  such  sale  shall  be  turned  into  the  special  school 
revenue  of  the  city  or  town.     (§6555nl.) 

110.  Sales  Legalized.     2.     All  sales  of  school  property  heretofore  made 
in  good  faith  by  the  boards  of  school  trustees  of  any  city  or  town  are  hereby 
legalized,  and  declared  valid:      Provided,  That  this  shall  not  apply  to  or 
affect  any  pending  litigation. 

[Acts  1917,  p.  152.     Approved  March  5,  1917.] 

111.  Legal  Notices,  Publication  of.     1.     That  in  all  cases  where  now 
the  law  provides  for  the  publication  of  legal  notices  in  a  weekly  newspaper, 
it  shall  be  lawful  hereafter  to  make  such  publications  in  either  a  daily  or 
weekly  newspaper:     Provided,  That  such  publication,  if  published  in  a  daily 
newspaper,  shall  be  published  at  least  once  a  week  for  the  same  time  and 
period  as  now  required  by  law,  and  Provided  further,  That  if  such  publication 
is  made  only  once  each  week,  it  shall  be  made  on  the  same  day  of  each  week. 

112.  Repeal.     2.     All  laws  and  parts  of  laws  inconsistent  with  this  a,zt 
are  hereby  repealed. 

113.  Township    Trustee — Advisory    Boards — Transfer   of   Funds. 

1.  That  if  it  appears  to  the  advisory  board  of  any  township  in  the  State  of 
Indiana,  at  the  next  annual  September  meeting  of  su^h  board,  that  there 
is  a  surplus  of  the  road  funds  of  such  township  that  will  not  be  needed  for 
road  purposes  then  sach  advisory  board  may,  by  a  unanimous  vote,  pass  a 
resolution  and  spread  the  same  upon  the  minutes  of  such  board,  directing 
the  trustee  of  such  township  to  transfer  all  or  any  specified  portion  of  sush 
surplus  road  fund,  to  the  special  school  fund  of  such  township,  and  when 
any  such  advisory  board  shall  make  any  su-^h  order  it  shall  be  the  duty  of 
the  trustee  to  transfer  said  fund  in  compliance  to  such  order,  which  fund  so 


SCHOOL    LAWS    OF    INDIANA 


85 


tra»  sferred  shall  become  a  part  of  the  special  school  fund  of  such  township 
ami  be  used  for  special  school  purposes.     (Acts  1913,  p.  551.) 

[Approved  March  14,  1913.1 

I  1.  Schools — Towns — Elect  on  of  School  Trustees.  1.  That  in 
the  election  of  school  trustees  in  incor7-orated  towns,  the  board  of  trustees 
of  icorporated  towns,  shall  vote  by  ballot  and  such  voting  shall  continue 
uni  I  some  competent  person  receives  a  majority  of  all  votes  cast  or  until 
sue  i  meeting  adjourns  or  the  voting  ceases  by  a  majority  vote  of  the  members 
of  ie  board  of  town  trustees.  Should  an  election  fail  to  oc3ur  at  any  one 
r<r  lar  meeting,  then  at  the  next  regular  meeting,  the  board  of  trustees  shall 
agj  n  proceed  to  the  election  of  a  s  -hool  trustee  or  trustees,  in  like  manner 
an<  under  the  same  conditions  and  should  no  election  occur  at  su  -h  meeting, 
th<  i  the  board  of  trustees  may  determine  then  and  there  whether  to  take 
fur  her  votes  at  some  later  meeting  and  so  on  from  one  regular  meeting  to 
an<  ther  until  an  election  occurs  or  until  such  board  of  trustees  shall  deter- 
mii  e  by  a  majority  vote  to  cease  trying  to  elect;  and,  no  person  be  permitted 
to  -ote  except  they  be  a  qualified  member  of  said  body  and  the  clerk  of  the 
bo;  rd  ot  trustees  shall  preside  at  such  election  bit  shall- have  no  vote.  In 
all  cases  where  no  election  takes  place,  the  present  incumbent  sl«all  con- 
tin  le  to  serve  until  an  election  does  occur  and  until  his  successor  shall  be 
dt  ted  and  qualifies  and  all  official  acts  of  any  member  so  holding  over  and 
th(  official  a^ts  of  any  such  board  during  such  time,  will  be  valid  as  though 
an  -lection  should  have  taken  place:  Provided,  That  this  act  shall  not  change 
tin  time  of  election  of  school  trustees  or  the  terms  of  present  incumbents  ex- 
«'i-|  t  in  cases  where  no  successor  is  elected  as  herein  provided;  nor  shall  it 
afT<  ct  cities  that  have  by  special  act,  a  different  mode  of  election  prescribed 
by  law.  (§6478a.) 

115.     Supplementary  Act.     2.     This  act  is  supplementary  in  its  na- 
ture and  repeals  only  such  laws  as  may  be  in  confli/t  therewith. 


86 


SCHOOL   LAWS    OF   INDIANA 


CHAPTER  VI. 

TEACHERS. 


SEC. 
116. 
117. 

118. 
119. 

120. 
121. 


Employment  and  dismissal. 
Examined  concerning  alcohol  and 

narcotics. 

Failure  to  teach,  effects — Dismissal. 
Terms  for  which  teachers  may  be 

employed. 

Contracts  to  be  in  writing. 
Blanks  to  be  uniform. 


SEC. 

122.  Reports. 

123.  Schools  —  Minimum      wages      for 

teachers. 

124.  Qualifications. 

125.  Payment  at  less  rate — Penalty. 
120.  State  board  of  education — Duties. 

127.  Special  examination. 

128.  Insulting  teacher. 

129.  Attending — Pay  of  teachers. 


[Acts  1883,  p.  30.    Approved  February  27,  1883.) 

116.  Employment  and  Dismissal.  28.  Trustees  shall  employ  no 
person  to  teach  in  any  of  the  common  schools  of  the  State  of  Indiana,  unless 
such  person  shall  have  a  license  to  teach,  issued  from  the  proper  state  or 
county  authority,  and  in  full  forje  at  the  date  of  the  employment.  Any 
teache*'  who  shall  commence  teaching  any  such  school  witho-it  a  license,  shall 
forfeit  all  claim  to  compensation  out  of  the  school  revenue  for  tuition  for  the 
time  he  or  sne  teaches  without  such  license,  b  it  if  a  teacher's  license  shall 
expire  by  its  own  limitation  within  a  term  of  employment,  such  teacher  may 
complete  su.?h  term  of  employment  within  the  then  current  year.  The  said 
trustee  shall  not  employ  any  teacher  whom  a  majority  of  those  entitled  to 
vote  at  school  meetings  have  decided  at  any  regular  school  meeting,  they  do 
not  wish  employed;  and  at  any  time  after  the  commencement  of  any  school, 
if  a  majority  of  such  voters  petition  such  trustee  that  they  wish  the  teacher 
thereof  dismissed,  such  trustee  shall  dismiss  such  teacher,  but  only  upon 
due  notice,  and  upon  good  cause  shown;  but  such  teacher  shall  be  entitl* 
to  pay  for  services  rendered.  (§6592.) 

1.  The  provisions  of  this  section  relating  to  the  employment  of  teachers  that  tl 
voters  at  school  meetings  have  decided  they  do  not  wish  employed,  have  no  appli< 
tion  to  cities  and  incorporated  towns. — Crawfordsville  v.  Hays,  42  Ind.  200. 

2.  LICENSE  ESSENTIAL.     A  valid  contract  for  the  teaching  of  a  public  school 
not  be  made  by  a  trustee  with  one  who,  at  the  time,  has  no  license  to  teach  in  the  countj 
and  the  subsequent  procurement  of  a  license  does  not  validate  the  contract. — Butlf 
v.  Haines,  79  Iiid.  575.     And  a  person  can  neither  recover  compensation  for  servi( 
rendered  as  teacher,  nor  damages  for  breach  of  contract  for  such  services,  unless  he  w< 
licensed  to  teach  as  prescribed  by  the  statutes. — Jackson  School  Township  v.  Farloi 
75  Ind.  118.     See  also  Harrison  Township  v.  Conrad,  26  Ind.  337,  and  Putnam 
School  Town  of  Irvington,  69  Ind.  80.     In  a  suit  against  the  school  corporation  f< 
services  rendered  or  to  be  rendered,  it  must  be  stated  in  the  complaint  that  the  t< 
had  a  license  to  teach  when  he  rendered  the  services  or  entered  into  the  contract.- 
Bedford,  etc.,  Co.  v.  McDonald,  12  App.  621. 

3.  OBJECTIONS  TO  TEACHER.     Objections  by  school  voters  to  the  employment  of 
school  teacher  must  be  made  before  the  teacher  is  employed,  and  school  trustees  ar 
not  required  to  notify  school  patrons  of  their  intention  to  employ  a  teacher  before 
is  employed. — Rumble  v.  Barker,  27  App.  69. 

4.  Contracts  with  schools  teachers  can  not  be  abrogated  by  abolishing  the  scho( 
— School  Town  v.  Zeigler,  1  App.  138. 


SCHOOL    LAWS    OF   INDIANA  87 


MARRIAGE  OF  TEACHER.  If  a  teacher  agrees  to  remain  unmarried  during  the 
cont  nuance  of  a  contract,  her  marriage  in  violation  of  a  contract  is  cause  for  its  rescis- 
sion — Guilford  Twp.  v.  Roberts,  28  App.  355. 

t       If  schools  are  closed  on  account  of  prevailing  disease  among  the  pupils,  the 
teac   ers  may  recover  full  compensation. — School  Town  v.  Gray,  10  App.  428. 


•I 


HMS  FOR  TEACHER'S  CONTRACT,     a.     In  township. 
TEACHER'S  CONTRACT. 


'  HIS  AGREEMENT,  Between School  Trustee  of 

School  Township,  in .  .  .  .- County 

and  State  of  Indiana,  of  the  first"  part,  and a  teacher 

whc  holds  a license,  issued 19 ... 

for months  by Superintendent 

on     hich  license  h .  .  .  .  average  scholarship  is per  cent,  h .  .  .  .    last  success 

gra<  3  is per  cent ;   who  was present  at  all  the  sessions  of 

the    County  Institute  in  19 .....  of  the  second 

par  certifies  that  the  said  teacher  agrees  to  teach  in  the  public  schools  of  said  Town- 
shii  in  such  building,  grade  and  room  as  said  Trustee  may  designate,  for  the  term 

con  nencing  on  the day  of A.  D.  19.  . 

for    the    consideration    of Dollars    and 

cents  per  day,  to  be    paid 

(State  here  when  all  parts  of  the  salary  will  be  paid.) 

"he     said further    agrees 

fait  fully  to  perform  all  the  duties  of  teacher  in  said  school,  using  only  such  text-books 
as  i  re  prescribed  by  the  Trustees  in  accordance  with  the  law,  except  supplementary 
reac  ing,  such  as  Young  People's  Reading  Circle  Books,  etc.,  and  other  works  recom- 
mei  ded  by  the  County  Superintendent,  and  observing  all  Rules  and  Regulations  of 
the  bounty  Board  of  Education,  and  all  the  instructions  of  the  County  Superintendent 
of  Schools;  that  .  .he  will  attend  and  participate  in  the  exercises  of  each  Institute  or 
othi  r  Teachers'  Meetings  that  may  be  appointed  for  the  Teachers  of  said  Township; 

tha    .  .he  will  accurately  keep  and  use  all  registers  and  blanks  placed  in hands 

by  ^  aid  Trustee;  that  .  .  he  will  make  a  complete  and  accurate  report  at  the  close  of  the 
school  term,  the  blank  for  which  is  provided  on  the  back  of  this  sheet;  that  .  .he  will 
mal  e  all  other  reports  required  of  h ....  by  said  Trustee,  the  County  Superintendent, 
or  the  Laws  of  Indiana,  at  the  proper  time  and  manner,  and  in  good  order;  that  .  .he 
will  exercise  due  diligence  in  the  preservation  of  school  buildings,  grounds,  furniture, 
app  iratus.  books,  blanks,  and  other  school  property  committed  to  h.  .  .  .,  care,  and 
turn  the  same  over  to  the  Trustee,  or  his  representative,  at  the  close  of  the  term  of  the 
school,  in  as  good  condition  as  when  received,  damage  and  wear  by  use  excepted, 
accompanied  by  an  exact  inventory  of  all  supplies  and  apparatus  on  hands,  a  descrip- 
tioi  of  the  condition  of  the  same,  and  a  recommended  list  of  materials  to  be  purchased 
for  lext  school  year. 

The  said  School  Trustee  agrees  to  keep  the  school  buildings  in  good  repair,  to  fur- 
nisl  the  necessary  fuel,  furniture,  apparatus,  books  and  blanks,  and  such  other  ap- 
pliances as  inay  be  necessary  for  the  systematic  and  proper  conduct  of  said  school, 
an<:  to  provide  such  janitor  help  as  may  be  necessary  to  properly  care  for  said  school 
am  itspre:: 

And  the  said  School  Trustee,  for  and  in  behalf  of  said  Township,  further  agrees  to 

pa>  t  In-    said 

for  -i.-rvic.-s  as  teacher  of  said  school,  either  a  sum  equal  to  the  whole  number  of  days. 
tanu'ht.  at  t  lie  rate  of  the  above-named  sum  per  day,  as  agreed  upon,  or  the  salary  for 
tin   \  ear  in  the  event  of  a  yearly  consideration,  as  agreed  upon,  when  the  said  teacher 
shall  have  filled  all  the  stipulations  of  this  contract. 

The  said  School  Trustee  further  agrees  to  pay  said  teacher  one  day's  wages  for  each 
da\  's  attendance  at  the  Township  Institute,  according  to  the  Acts  of  1917. 

PROVIDKD.  That  in  case  the  said 

she uld  be  dismissed  from  said  school  by  said  Trustee,  or  his  successor  in  office,  for 
inc  unpetency.  cruelty,  gross  immorality,  neglect  of  business,  or  a  violation  of  any  of 
th»  stipulations  of  this  contract,  or  in  case  h.  . .  .  license  should  be  revoked  by  the 


SCHOOL    LAWS    OF    INDIANA 


County  Superintendent,   .  .he  shall  not  be  entitled  to  any  compensation  after  notice 
of  dismissal  or  notice  of  annulment  of  license. 


PROVIDED  FURTHER,  That  the  teacher  shall  have  a  duplicate  of  this  contract. 

IN  WITNESS  WHEREOF,  We  have  hereunto  subscribed  our  names,  this 

day  of ' A.  D.  19 .... 

,  Teacher. 

. ,  School  Trustee. 


Notes: 

1 — A  valid  contract  for  teaching  a  public  school  cannot  be  made  by  a  trustee  with 
anyone  unless  he  holds  a  valid  license,  either  County  or  State. 

2 — Full  authority  is  given  the  Trustee  to  substitute  the  words  "principal,"  "super- 
visor," or  "superintendent"  for  the  word  "teacher,"  in  the  event  the  contract  should 
be  so  made. 

3 — This  contract  form  is  the  official  blank,  made  by  the  State  Superintendent  of 
Public  Instruction,  under  Sec.  6595,  Burns'  Rev.  Stat.  1914. 
(Township  Form) 

TEACHER'S   REPORT  TO   TOWNSHIP  TRUSTEE. 


1.     Total  number  of  pupils  enrolled  during  the  year  19 ....  in: 


First  Grade : . 
Second  Grade. 
Third  Grade . 
Fourth  Grade. 


ELEMENTARY. 

Fifth  Grade 

Sixth  Grade 

.......          Seventh  Grade. . . 

Eighth  Grade 


HIGH   SCHOOL. 

First  Year Third  Grade 

Second  Grade Fourth  Grade 

Total  number  of  pupils  enrolled  in  all  the  Elementary  and  High  Schools  for  tl 
year  19 .... 

2.  Total  number  of  pupils  enrolled  during  the  year  19 .... 

[White [White Total... 

Males  •!  Females  -I 

(Colored [Colored 

3.  Average  daily  attendance  of  all  children  in  the  schools: 

[White 

General  Average 

^Colored 

4.  Average  daily  absence  of  all  children  in  the  schools: 

[White 

General  Average 

[Colored . . 

5.  Number  of  graduates  from  the  "Common  Branches": 

[White [White 

Males  \                                          Females  j  Total .  . . 

[Colored [Colored 

6.  Number  of  graduates  from  High  School: 

[White [White 

Males  I                                          Females  -j  Total .  . . 

[colored [Colored 

7.  Inventory  of  Apparatus  and  Supplies  on  hand.     (Furnish  list  of  Library  Books 

separate  sheet.) 


SCHOOL    LAWS    <)F    INDIANA  89 


>mmended  List  of  Materials  and  Supplie^  : 


No   es: 

—  To  find  the  average  daily  attendance:     Divide  the  totai  number  of  days  attend"  1 
by     II  pupils,  by  tin-  number  of  days  school  was  in  session. 

— To  find  the  average  daily  absence:     Divide  the  total  number  of  days  of  absence 
of  a  1  pupils  by  the  number  of  days  schools  was  in  session. 

—  A  pupil  should  be  marked  "withdrawn"  after  three  days'  absence. 

TEACHER'S  CONTRACT. 


[City 

JREEMENT,  made  and  entered  into  between  the  School    j  Corporation  of 

(Town 

}     in Co.,  and  State  of 

In<  iana,  by • 

the  Board  of  School  Trustees  of  said  Corporation. 

of   /he  first  part,  and ,  a  teacher  who  holds  a 

license  issued 19 for 

mo  iths,  by Superintendent ; 

on  which  license  h. .  .  .  average  scholarship  is  ....%,  h.  ...  last  success  grade  is  .... 

wh  )  was present  at  all  the  sessions  of  the r<> 

Imritute  in  19 of  the  second  part,  certifies  that  the  said  teacher  agrees  to  teach 

in  :he  public  schools  of  said  School  Corporation,  in  such  building,  grade,  and  room  as 
th(  said  Board  of  Trustees,  or  their  Superintendent  of  schools  may  designate,  during 

th<  school  year,  beginning  the day  of A.  D.,  19 for 

th<  salary  of Dollars  per to  be  paid 

(State  when  all  or  parts  of  salary  will  be  paid.) 

Said further  agrees, 

faithfully,  zealously,  and  impartially,  to  perform  all  the  duties  as  such  teacher,  using 
on  ly  such  text-books  as  are  prescribed  by  said  Board  or  Superintendent  of  said  schools 
th  it.  .  .he  will  attend  and  participate  in  the  exercises  of  each  Saturday  Teacher's  In- 
stitute that  may  be  appointed  for  the  teachers  of  said  School  Corporation ;  that... he 
will  accurately  keep  and  use  all  renters  and  blanks  placed  in  h.  .  .  .  hands  by  said 
School  Board  or  the  Superintendent  of  said  schools;  that.  .  .he  will  make  a  complete 
at  (1  accurate  report  at  the  close  of  the  school  term,  the  blank  for  which  is  provided  on 
U  c  bark  of  this  sheet;  that  .  .he  will  make  all  other  reports  required  by  said  School 
H  >ani.  Superintendent  or  School  Law;  that  .  .he  will  exercise  due  diligence  in  the  pre- 
servation of  the  school  buildings,  grounds,  furniture,  books,  maps,  and  other  school 
pioperty  committed  to  h.  ...  care,  and  turn  same  over  to  said  Board  at  the  close  of 
-,  id  school  in  as  good  condition  as  when  received,  damage  and  wear  by  use  except ed: 
ami  that  .  . he  will  conform  to  the  rules  and  regulations  of  said  Board  and  Superin- 
t»  ndent.  and  faithfully  and  impartially  enforce  them  among  the  pupils. 

Said  School  Corporation,  by  said  School  Board,  agrees  to  keep  the  school  buildings 
ir  good  repair  and  furnish  the  necessary  fuel,  furniture,  books,  maps,  blanks  and  such 
o  er  appliances  as  may  be  necessary  for  the  successful  teaching  of  the  branches  in 
*  d  schools. 


90  SCHOOL   LAWS    OF   INDIANA 

And  said  School  Corporation,  by  said  School  Board,  further  agrees  to  pay  said  .... 

for  services  as  teacher  of  said  school,  said  salary  of 

Dollars  per as  above  agreed  upon. 

The  said  School  Corporation,  by  said  School  Board,  further  agrees  to  pay  said 
teacher  one  day's  salary  for  each  day's  attendance  at  such  Saturday  Teachers'  Institute, 
which  may  be  held  by  authority  of  said  School  Board,  according  to  the  Acts  of  1917; 
PROVIDED,  That  said  School  Board  shall  not  be  liable  for  the  payment  for  attendance 
at  Saturday  Teacher's  Institutes  unless  so  stipulated  in  this  Contract. 

PROVIDED  FURTHER,  That  in  case  said  teacher  shall  be  discharged  from  said  school 
by  said  School  Board  for  incompetency,  cruelty,  gross  immorality,  neglect  of  business, 
or  a  violation  of  any  of  the  stipulations  of  this  Contract,  or  in  case  h .  .  .  .  license  should 
be  revoked  by  the  County  Superintendent,  .  .he  shall  not  be  entitled  to  any  compensa- 
tion after  notice  of  dismissal  or  annulment  of  license. 


PROVIDED  FURTHER,  That  the  teacher  shall  have  a  duplicate  copy  of  this  contract. 

IN  WITNESS  WHEREOF,  We  have  hereunto  subscribed  our  names,  this 

day  of A.  D.,  19.  ... 

President 

Secretary 

Treasurer 

Board  of  School  Trustees. 
Teacher 

NOTES: 

1 — A  legal  contract  for  teaching  a  public  school  cannot  be  made  between  a  school 
board  and  a  person  who  does  not  hold  a  valid  license. 

2 — Full  authority  is  given  school  boards  to  substitute  the  words  "principal,"  "super- 
visor," or  "superintendent"  wherever  the  word  "teacher,"  appears  in  the  contract, 
when  the  contract  should  be  so  drawn. 

3 — This  contract  is  the  official  form,  as  made  under  the  provisions  of  Section  6595, 
Burns'  Rev.  Stat.  1914. 
(Town  and  City  Form) 

TEACHER'S  REPORT  TO  SCHOOL  BOARD. 


1.     Total  number  of  pupils  enrolled  during  the  year  19.  ...  in: 

ELEMENTARY. 

First  Grade . Fifth  Grade 

Second  Grade Sixth  Grade 

Third  Grade Seventh  Grade .  .  . 

Fourth  Grade ...  .  .          Eighth  Grade 


HIGH  SCHOOL 

First  Year Third  Grade 

Second  Grade Fourth  Grade 

Total  number  of  pupils  enrolled  in  all  the  Elementary  and  High  Schools  for  tho 
year  19. ... 

2.  Total  number  of  pupils  enrolled  during  the  year  19 .  .  .  . : 

[White [White 

Males]  Females^  Total 

[Colored [Colored 

3.  Average  daily  attendance  of  all  children  in  the  schools: 

[White .' 

General  Average 

[Colored 


SCHOOL    LAWS    OF   INDIANA 


91 


ige  daily  absence  of  all  children  in  the  schools: 

[White 

General  Average 

^Colored 

iber  of  graduates  from  the  "Common  Branches": 

f  White [White 

Males  \  Females!  Total 

[Colored [Colored 

of  graduates  from  High  School: 

[White fWhite 

Males]  Females-)  Total 

[Colored [Colored 

itory  of  Apparatus  and  Supplies  on  hand.     (Furnish  list  of  Library  Books  on 
separate  sheet.) 


8.     Recommended  list  of  materials  and  supplies  needed: 


1 — To  find  the  average  daily  attendance :  Divide  the  total  number  of  days  attended 
by  ill  pupils,  by  the  number  of  clays  school  was  in  session. 

2 — To  find  the  average  daily  absence:  Divide  the  total  number  of  days  of  absence 
of  vll  pupils,  by  t  he  number  of  days  school  was  in  session. 

3 — A  pupil  should  be  marked  "withdrawn"  after  three  days'  absence. 


[Acts  1895,  p.  375.      Approved  March  14,  1895.) 

117.  Examined  Concerning  Alcohol  and  Narcotics.     2.     No  certifi- 
cate shall  be  granted  to  any  person  (on)  or  after  the  first  day  of  July,  1895, 
to  teach  in  the  commoD  school  or  in  any  educational  institution  supported  as 
aforesaid  who  does  not  pass  a  satisfactory  examination  as  to  the  nature  of 
human  system.    (§6587.) 

118.  Failure  to  Teach,  Effects. — Dismissal.    3.     Any  superintendent 

I!  principal  of,  or  teacher  in  any  common  school  or  edu'  ational  institution 
pported  as  aforesaid,  who  willfully  refuses  or  neglects  to  give  the  instruction 
quired  by  this  act  shall  be  dismissed  from  his  or  her  employment.  (§658#.) 


[Acts  1893,  p.  34.    Approved  and  in  force  February  17,  1893.1 


119.  Terms  for  which  Teachers  may  be  Employed.  After  the  pas- 
ige  of  this  act  it  shall  be  unlawful  for  any  township  trustee  to  contract  with 
ay  teacher  to  teach  in  any  common  school  if  the  actual  term  of  service  of 
ich  teacher  under  such  contract  does  not  begin  before  the  expiration  of  the 
TIM  of  office  of  such  trustee.  Every  contract  made  in  violation  of  the  pro- 
ns  of  this  section  shall,  as  to  the  township  represented  by  such  trustee, 


92  SCHOOL    LAWS    OF    INDIANA 

and  the  school  fund  thereunto  belonging,  he  absolutely  void;  but  such  trustee 
shall  be  personally  liable  to  such  teacher  for  all  services  rendered  under  such 
contract,  and  for  all  damages  which  he  may  sustain  by  reason  thereof. 
(§6593.) 

[Acts  1899,  p,  173.    Approved  February  28,  1899.] 

120.  Contracts  to  be  in  Writing.    All  contracts  hereafter  made  by  and 
between  teachers  and  school  corporations  of  the  State  of  Indiana  shall  be 
in  writing,  signed  by  the  parties  to  be  charged  thereby,  and  no  action  shall  be 
brought  upon  any  contract  not  made  in  conformity  to  the  provisions  of  this 
act.    (§6594.) 

121.  Blanks  to  be  Uniform.     2.     For  the  purpose  of  carrying  this 
act  into  effect  the  school  trustees  of  the  several  school  corporations  of  this 
state  shall  provide  a  public  record  of  uniform  blank  contracts  to  be  carefully 
worded  under  the  direction  of  the  superintendent  of  public  instruction,  and 
cause  such  contracts  to  be  signed  therein,  which  record  shall  be  deemed  a 
public  record,  open  to  inspection  by  the  people  of  their  several  school  cor- 
porations. '(§6595.) 

[Acts  1865,  p.  3.    Approved  and  in  force  March  6,  1865.] 

122.  Reports.    20.    To  enable  the  trustees  to  make  reports  which  are 
required  of  them  by  this  act,  the  teacher  of  each  school,  whether  in  township, 
town  or  city,  shall,  at  the  expiration  of  the  term  of  the  school  for  which  such 
teacher  shall  have  been  employed,  furnish  a  Complete  report  to  the  proper; 
trustee,  verified  by  affidavit,  showing  the  length  of  the  school  term,  in  days; 
the  number  of  teachers  employed,  male  and  female,  and  their  daily  Com- 
pensation; the  number  of  pupils  admitted  during  the  term,   distinguishing 
between  males  and  females,  and  between  the  ages  of  six  and  twenty-one 
years;  the  average  attendance;  books  used  and  branches  taught,  and  the 
number  of  pupils  engaged  in  the  study  of  each  branch.    Until  such  report 
shall  have  been  so  filed,  su?h  trustee  shall  not  pay  more  than  seventy-five 
per  centum  of  the  wages  of  such  teacher  for  his  or  her  services.    (§6424.) 

1.  SUIT.     It  is  a  part  of  a  teacher's  contract  that  he  will  make  a  report,  and 
until  he  does  so  he  can  not  recover  more  than  three-fourths  of  his  wages  unless    the 
trustee  has  waived  the  report,  and  the  burden  is  on  the  teacher  to  show  either  that  he 
made  the  report  or  it  was  waived,  if  he  desires  to  recover  the  full  amount  of  his  earnings. 
— Owen  School  Tp.  v.  Hay,  107  Ind.  351. 

2.  Truancy.     Teach  3rs  are  required  by  the  compulsory  education  law  to  report 
to  truant  officers  or  other  school  officers  cases  of  truancy  or  irregularity  in  attendance. 
See  truancy  law. 

[Acts  1913,  p.  104.] 

123.  Schools — Minimum  Wages  for  Teachers.     1.     That  the  daily 
wages  of  teachers  for  teaching  in  the  public  schools  of  the  state  shall  not  be 
less,  in  the  case  of  beginning  teachers,  than  an  amount  determined  by  multi- 
plying two  and  one-half  cents  by  the  general  average  given  such  teacher  on 
his  highest  grade  of  license  at  the  time  of  contracting.    For  teachers  having 
had  a  successful  experience  for  one  school  year  of  not  less  than  six  months, 
the  daily  wages  shall  be  not  less  than  an  amount  determined  by  multiplying 
three  cents  by  the  general  average  given  such  teacher  on  his  highest  grade  of 
license  at  the  time  of  contracting.     For  teachers  having  had  a  successful 


; 


• 
i 

] 


SCHOOL    LAWS    OF    INDIANA  93 

ex  erience  for  three  or  more  school  years  of  not  less  than  six  months  each, 
th  daily  wages  shall  be  not  less  tuan  an  amount  determined  by  multiplying 
tfc  ee  and  one-half  cents  by  the  general  average  given  such  teacher  on  his 
hi:  hest  grade  of  license  at  the  time  of  contracting.  For  teachers  having  had 
a  -  iccessful  experience  of  five  or  more  school  years  of  not  less  than  six  months 
c;i  h,  the  daily  wages  shall  be  not  less  tuan  an  amount  determined  by  multi- 
pi  ing  four  cents  by  tbe  general  average  given  such  teacher  on  his  highest 
gr  ,de  of  license  at  the  time  of  contracting.  All  teachers  now  exempt  from 
ex  unination  shall  be  paid,  as  daily  wages  for  teaching  in  the  public  schools, 
n<  t  less  than  an  amount  determined  by  multiplying  three  and  one-half  cents 
b;  the  general  average  of  scholarship  and  success  given  such  teacher:  Pro- 
vi  'ed,  That  the  grade  of  scholarship  accounted  in  each  case  be  that  given 
at  the  teacher's  last  examination,  and  that  the  grade  of  success  accounted 
b«  that  of  the  teacher's  term  last  preceding  the  date  of  contracting:  and 
I'  ovided,  further,  That  two  per  cent  shall  be.  added  to  the  teacher's  general 
a  erage  of  scholarship  and  success  for  attending  the  county  institute  the  full 
n  mber  of  days,  and  that  said  two  per  cent  shall  be  added  to  the  average 
sc  lolarship  of  beginning  teachers.  ( §6599.) 

1.  If  a  teacher  is  not  paid  the  full  amount  of  wages  that  is  due  under  the  law  and 
tl  3  contract  with  the  teacher,  the  remainder  may  be  recovered  from  the  school  corpora- 
ti  >n. — Rutherford  School  Tp.  v.  Craney,  99  N.  E.  485. 

2.  Contracts  with  teachers  to  pay  more  than  the  minimum  wages  fixed  by  statute 
c.i  nnot  be  enforced  unless  an  appropriation  has  been  made  by  the  township  advisory 
b>  ard  to  pay  such  excess. — Mitchell  Free  Tp.  v.  Baker,  101  N.  E.  1037. 

3.  EXEMPTION.     The  two  per  cent  given  for  attendance  on  a  county  institute 
ai  "plies  to  exemption  license. 

4.  STATE  NORMAL,  DIPLOMAS.     Persons  holding  diplomas  from  the  State  Normal 
S  :hool  are  entitled  to  the  two  per  cent,  for  attending  the  county  institute,  but  the 
s;  id  two  per  cent  must  be  added  to  the  grades  upon  which  their  state  or  county  licenses 
h  i ve  been  issued. 

5.  MUST  ATTEND  ENTIRE  INSTITUTE.     A  teacher  is  not  entitled  to  the  two  per 
<•«  nt.  unlfNS  IK-  answers  the  first  roll  call  and  is  present  daily  all  the  sessions,  including 
tl  ie  last  roll  call. 

6.  CITY  AND  TOWN  TEACHERS.     City  and  town  teachers  are  entitled  to  the  two 
l>  r  cent,  for  attending  the  county  institute. 


121.     Qualifications  of  Teachers.     2.     The  qualifications  required  for 
•aching  for  the  different  classes  shall  be  as  follows : 

(a)    A  teacher  without  experience:    Shall  be  a  graduate  of  a  high  school 
c  r  its  equivalent.     Shall  have  had  not  less  than  one  term  of  twelve  weeks' 
•••>rk  in  a  school  maintaining  a  professional  course  for  the  training  of  teachers: 
'mi  i<li '!,  That  completion  of  one  year,  or  more,  in  a  recognized  college  shall 
»e  accepted  in  lieu  of  twelve  weeks'  work  in  a  school  maintaining  a  professional 
oursc  for  tin-  training  of  teachers.    Shall  have  not  less  than  a  twelve  months' 
1  icense. 


(b)  A  teacher  with  one  school  year's  experience:  Shall  be  a  graduate 
>f  a  high  school  or  its  equivalent.  Shall  have  not  less  than  two  terms  or 
went  v-four  weeks'  work  in  a  school  maintaining  a  professional  course  for  the 
raining  of  teachers  or  the  equivalent  of  such  work:  Provided,  That  the  one 
» ar  of  college  work  optional  for  a  teacher  without  experience  shall  be  ac- 


94  SCHOOL   LAWS    OF    INDIANA 

cepted  as  one  of  the  required  two  terms  of  work,  in  this  class.    Shall  have  a 
two  years'  license.    Shall  have  a  success  grade. 

(c)  A  teacher  with  three  or  more  years'  successful  experience:     Shall 
be  a  graduate  of  a  high  school  or  its  equivalent.    Shall  be  a  graduate  from  a 
school  maintaining  a  professional  course  for  the  training  of  teachers,  or  its 
equivalent.     Shall  have  a  three  years',  five  years',  eight  years',  or  a  life 
license.    Shall  have  a  success  grade. 

(d)  A  teacher  with  five  or  more  years'  successful  experience:    Shall  be  a 
graduate  of  a  high  school  or  its  equivalent.    Shall  be  a  graduate  from  a  school 
maintaining  a  professional  course  for  the  training  of  teachers,  or  its  equiva- 
lent.   Shall  have  taught  as  a  class  (c)  teacher  two  or  more  years  previous  to 
entering  this  class.     Shall  have  a  three  years',  five  years',  eight  years',  or 
life  license.    Shall  have  a  success  grade :    Provided,  That  for  teachers  already 
in  the  service,  prior  to  August,  1908,  successful  experience  in  teaching  shall 
be  accepted  as  an  equivalent  for  high  school  and  professional  training,  as 
required  by  all  the  above  classifications.     (§6600.) 

1.     The  issuing  of  a  five  years'  license  is  no  longer  authorized  by  law.     See  Acts 
1915,  p.  627. 

125.  Payment  at  Less  Rate — Penalty.    3.     If  any  school  officer  shall 
pay  to  any  teacher  for  school  services  at  a  rate  less  than  that  fixed  by  this  act, 
he  shall  be  fined  in  any  amount  not  exceeding  $100.00  and  shall  be  liable  in 
a  civil  action  for  wages  to  such  teacher  at  the  rate  provided  in  this  act,  which 
may  be  recovered  by  such  teacher,  together  with  an  attorney's  fee  of  $25.00, 
in  any  court  of  justice  of  competent  jurisdiction.    (§6601.) 

126.  State  Board  of  Education — Duties.    4.     It  shall  be  the  duty  of 
the  state  board  of  education,  from  time  to  time,  to  provide  regulations  which 
shall  define  the  words  "high  school"  and  "equivalent"  in  this  act,  it  being 
the  intent  hereof  that  only  such  schools  be  recognized  as  high  schools  as  main- 
tain a  standard  of  scholarship  and  efficiency  and  course  of  study  to  the 
approval  of  the  state  board  of  education,  and  that  the  word  "equivalent"" 
as  used  in  this  act  shall  mean  such  a  course  of  study  or  training  or  the  ability 
to  pass  such  an  examination  as  in  the  judgment  of  the  state  board  of  education 
would  as  fully  qualify  the  applicant  for  teaching  as  the  qualification  of  high 
school  or   normal  school  work  and  the  licenes  respectively   named  above 
requires.    (§6602.) 

[Acts  1865,  p.  143.    Approved  and  in  force  December  20,  1865.] 

127.  Special  Examination.      35.     If  the  persons  attached  to  and 
forming  a  school  district  have,  at  their  school  meeting,  designated  other 
or  a  less  number  of  branches  of  learning  than  those  in  section  34  of  this  act 
(§4425)  mentioned,  which  they  desire  to  have  taught  in  their  school,  the 
trustee,  in  employing  a  teacher  for  said  school,  shall  require  said  teacher  to 
be  examined  as  to  his  qualifications  to  teach  the  branches  of  learning  required 
by  said  school  meeting.    ( §6603.) 

1.     See  Sec.  38  for  teacher's  examination. 

128.  Insulting  Teacher.    162.    if  any  parent,  gaardian,  or  other  person, 
from  any  cause,  fancied  or  real,  visit  a  school  with  the  avowed  intention  of 


SCHOOL    LAWS    OF   INDIANA 


95 


U]  >raiding  or  insulting  the  teacher  in  the  presence  of  the  school,  and  shall  so 
uj  >raid  or  insult  the  teacher,  such  person,  tor  such  conduct,  shall  be  liable  to 
a  me  ot  not  more  than  twenty-five  dollars,  which,  when  collected  shall  go 
in  y  the  general  tuition  revenue.  (§6608.) 

The  teacher  may  exact  compliance  with  all  reasonable  commands,  and  enforce 
ot  dience  by  inflicting  corporal  punishment,  in  a  kind  and  reasonable  manner,  upon  a 
pi;  nil  for  disobedience.  Such  punishment  must  be  within  the  bounds  of  moderation, 
ar.  i  apportioned  to  the  gravity  of  the  offense;  but  when  complaint  is  made,  the  judg- 
m  it  of  the  teacher  as  to  what  the  situation  required  should  have  weight,  as  in  the 
ca  e  of  a  parent  under  similar  circumstances,  and  the  reasonableness  of  the  punishment 
m  st  be  determined  upon  the  facts  of  the  particular  case.  The  presumption  is  that  the 
te  cher  did  nothing  more  than  his  duty.  The  legitimate  object  of  chastisement  is  to 
in  ict  punishment  by  the  pain  which  it  causes  as  well  as  by  the  degredation  it  implies; 
ar  1  it  does  not  follow  that  chastisement  was  cruel  or  excessive  because  pain  was 
pr  >duced,  or  abrasions  of  the  skin  resulted  from  a  switch  used  by  the  teacher.  When 
a  iroper  weapon  has  been  used,  the  character  of  the  chastisement  with  reference  to 
ai  v  alleged  cruelty  or  excess,  must  be  determined  by  the  nature  of  the  offense,  the 
&{.  ;,  physical  and  mental  condition,  as  well  as  the  personal  attributes,  of  the  pupil,  and 
tli  ;  deportment  of  the  teacher. — Vanactor  v.  State,  113  Ind.  276;  Danenhoffer  v. 
St  ite,  79  Ind.  75. 


,».. 


ASSOCIATIONS. 
[Acts  1911,  p.  666.    Approved  March  6,  1911.] 

Attending — Pay  of  Teachers.  1.  That  the  school  board  of  any 
?i  ;y  or  town,  and  the  township  trustee  of  any  township,  may  adjourn  the 
schools  of  such  fity,  town  or  township  in  order  to  allow  teachers  to  attend 
s(  ssions  of  schools  or  institutes  of  agricultural  instruction  held  in  the  county, 
and  the  meetings  of  any  teachers'  associations,  and  to  visit  model  schools 
u  ider  the  direction  of  trustees  or  boards  of  trustees  and  shall  pay  s-ioh  teach- 
ei  s  a  wage  for  the  time  spent  equal  to  the  per  diem  of  such  teacher:  Provided, 
That  not  more  than  three  days  shall  be  allowed  in  any  one  year.  (§6640a.) 


96 


SCHOOL   LAWS    OF    INDIANA 


CHAPTER  VII. 


SCHOOLS. 


SEC. 
130. 
131. 

132. 
133. 
134. 
135. 

136. 
137. 

138. 
139. 
140. 
141. 
142. 
143. 
144. 
145. 
146. 

147. 
148. 


149. 


Bible. 

Uniformity  of  term — Numbering 
of  schools. 

Term  continued. 

Calendar. 

Colored  children. 

Appropriations  for  indigent  chil- 
dren. 

Branches  taught. 

Effect  of  alcoholic  drinks  and 
narcotics. 

Voters'  meeting — School  directors. 

Voters  at  school  meetings. 

Other  meetings  of  voters — Powers. 

Estimates  of  expenses. 

Director's  duties. 

Charge  of  schoolhouse. 

Visits  schools — May  exclude  pupils. 

Appeal  to  trustee. 

Common  schools  defined — High 
school  courses. 

High  school  studies. 

Schools — State  Superintendent  of 
Public  Instruction — High  school 
inspector. 

Appropriation. 


SEC. 

150.  Kindergartens. 

151.  Free  ki  ndergarten  tax . 

152.  How  collected  and  disbursed. 

153.  Medical  inspection  of  children. 

154.  Medical  inspection  defined. 

155.  School  physician — Appointment — 

Compensation. 

156.  Physician's  duties. 

157.  Rules  for  enforcement. 

158.  Penalty. 

159.  United  States  flag. 

160.  Display  of  flag. 

161.  D  estruction  or  mutilation . 

162.  Penalty. 

163.  Star  Spangled  Banner. 

164.  Legal  holiday — Discovery  day. 

165.  Schools — Arbor  day — Fixing  date. 

166.  Proclamation. 

167.  School  exercises. 

168.  State  song — "On  the  Banks  of  the 

Wabash,  Far  Away." 

169.  State  flower — Carnation. 

170.  Secret  societies  unlawful. 

171.  Night  school. 

172.  Who  may  attend. 


[Acts  1865,  p.  3.     Approved  March  6,  1865.] 


130.  Bible,     167.     The  Bible  shall  not  be  excluded  from  the  public 
s-jhools  of  the  state.    (§6578.) 

131.  Uniformity  of  Terms. — Numbering  of  Schools.    14.    All  schools 
in  a  township  shall  be  taught  an  equal  length  of  time,  as  nearly  as  the 
same  c;an  be  done,  without  regard  to  the  diversity  in  the  number  of  pupils 
at  the  several  schools,  or  the  cost  of  the  school;  and  each  of  said  schools  shall 
be  numbered,  by  the  proper  trustees,  as  school  No. .     (§6579.) 

1.  UNIFORMITY.  The  statute  only  requires  the  schools  in  the  townships  to  be 
taught  an  equal  length  of  time,  as  nearly  as  the  same  can  be  done. — Harmony  School 
Tp.  v.  Moore,  80  Ind.  276.  See  also  Maloy  v.  Madget,  47  Ind.  241. 

132.  Schools — Term  Continued.     1.     That  in  any  township  or  incor- 
porated town  in  which  a  non-commissioned  or  a  commissioned  or  Certified 
high  school  has  been  or  may  hereafter  be  established,  when  the  school  trustee 
of  such  township  or  the  school  trustees  of  such  incorporated  town  deem  it 
unwise  or  inexpedient  to  continue  the  term  of  the  elementary  schools  for  the 
period  required  for  a  commissioned  or  a  certified  high  school,  said  trustees 


are  authorized  to  continue  the  non-commissioned,  commissioned  or  certified 
hip  school  of  said  school  Corporation  for  a  term  not  to  exceed  that  required 
for  i  commissioned  high  school.  (§641  la.) 

33.     Calendar.     163.     A  school  term  of  three  months  shall  be  sixty 
da\  ;,  a  school  month  twenty  days,  and  a  school  week  five  days.     (§6580.) 

(Acts  1877,  p.   124.       Approved  March  5,   1877.] 

134.  Colored  Children.    3.    The  trustee  or  trustees  of  su".h  township, 
^  n  or  city  may  organize  the  colored  children  into  separate  schools  of  the 
tov  nship,  town  or  Mty,  having  all  the  rights,  privileges  and  advantages  of  all 
otl  ;r  schools  of  the  township,  town  01  city:     Provided,  That  in  case  there 
ma  r  not  be  provided  separate  schools  for  the  colored  children,  then  such 
col  red  children  shall  be  allowed  to  attend  the  public  schools  with  white 
chi  dren:     Provided  further,  That  when  any  child  attending  sach  colored 
se!  >ol  shall,  on  examination  and  certificate  of  his  or  her  teacher,  show  to  the 
tru  itee  or  trustees  of  any  township,  town  or  city  that  he  or  she  has  made 
siil  icient  advancement  to  be  placed  in  a  higher  grade  than  that  afforded  by 
su<  hi  colored  school,  he  or  she  shall  be  entitled  to  enter  the  school  provided 
for  white  children  of  a  like  grade,  and  no  disinction  shall  therein  be  made  on 
ac(  ount  of  race  or  color  of  such  colored  child.    (§6581.) 

[Acts  1885,  p.  125.     Approved  April  2,  1885.] 

135.  Appropriations  for  Indigent  Children.     1.    The  boards  of  com- 
mi  sioners  in  the  several  counties  of  this  state  are  hereby  authorized  to  make 
sui;able  appropriations  for  the  education,  in  the  common  school  branches 
of  learning,  of  the  pauper  children  of  their  respective  counties  whenever, 
in  the  judgment  of  the  board  of  commissioners,  justice  to  the  school  district 
or  districts  wherein  such  pauper  children  are  kept  demands  such  assistance; 
an  1  all  expenditures  authorized  by  this  act  shall  be  made  and  paid  out  of  the 
county  treasury  on  warrants  drawn  by  the  auditor  on  the  order  of  the  board 
of  commissioners:     ProHded,  That  where  there  is  no  provision  for  a  matron, 
or  an  insuHicient  number  of  children  to  require  the  services  of  a  matron,  or 
tin-  establishment  of  a  separate  school  for  the  inmates  of  such  asylums,  it 
shall  be  the  duty  of  the  board  of  commissioners  to  require  the  superintendent 

it    of  such  asylum  to  send  such  children  to  the  township  schools.     (§6674.) 

[Acts  1869,  p.  40.     Approved  May  5,  1869.] 

136.  Branches  Taught.     147.     The  common  schools  of  the  state  shall 
!><    taught  in  the  English  language;  and  the  trustee  shall  provide  to  have 
ta  iirht  in  them  orthography,  reading,  writing,  arithmetic,  geography,  English 
gr  immar,  physiology,  history  of  the  United  States,  and  good  behavior,  and 
sueh  other  branches  of  learning  and  other  languages  as  the  advancement  of 
the  pupils  may  require  and  the  trustees  from  time  to  time  direct.    And  when- 
ever the  parents  or  guardians  of  twenty-five  or  more  children  in  attendance 
at  any  school  of  a  township,  town  or  city  shall  so  demand,  it  shall  be  the  duty 
of  the  school  trustee  or  trustees  of  said  township,  town  or  city  to  procure 

I  icient  teachers  and  introduce  the  German  language,  as  a  branch  of  study, 
8554—7 


98  SCHOOL    LAWS    OF    INDIANA 

in  such  schools;  and  the  tuition  in  said  schools  shall  be  without  charge:  Pro- 
vided, Such  demand  is  made  before  the  teacher  for  said  district  is  employed. 
(§6582.) 

1.  School  authorities  may  establish  reasonable  rules  as  to  the  studies  to  be  pursued 
by  pupils,  and  may  suspend  pupils  for  failure  to  comply  with  such  rules. — State  v. 
Webber,  108  Ind.  31;  Bowers  v.  State,  127  Ind.  272. 

[Acts  1895,  p.  375.    Approved  March  14,  1895.] 

137.  Effect  of  Alcoholic  Drinks  and  Narcotics.     1.     The  nature  of 
alcoholic  drinks  and  narcotics  and  their  effects  on  the  human  system  in  con- 
nection with  the  subjects  of  physiology  and  hygiene,  shall  be  included  in  tbe 
branches  to  be  regularly  taught  in  the  common  schools  of  the  state  and  in  all 
educational  institutions  supported  wholly  or  in  part  by  money  received  from 
the  state;  and  it  shall  be  the  duty  of  the  boards  of  education  and  boards  ol 
such  educational  institutions,  the  township  trustees,  the  board  of  schoo 
trustees  of  the  several  cities  and  towns  in  this  state  to  make  provisions  for 
suc'>  instruction  in  the  schools  and  institutions  under  their  jurisdiction,  anc 
to  adopt  sach  methods  as  shall  adapt  the  same  to  the  capacity  of  the  pupils 
in  the  various  grades  therein;  but  it  shall  be  deemed  a  sufficient  compliance 
with  the  requirements  of  this  section  if  provision  be  made  for  such  instruction 
orally  only,  and  without  the  use  of  text-books  by  the  pupils.    (§6586.} 

[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

138.  Voters'  Meeting— School  Director.    25.    The  voters  shall  meet, 
annually,  on  the  first  Saturday  in  October,  and  elect  one  of  their  number 
director  of  such  school ;  who  shall,  before  entering  upon  duty,  take  an  oath  faith- 
fully to  discharge  the  same.    The  director  so  elected  shall,  within  ten  da^s 
after  said  election,  notify  the  trustee  of  his  election;  and,  in   case  of  failure 
to  elect,  the  trustee  shall  forthwith  appoint  a  director  of  said  school.    Bn1 
any  director  so  appointed  may  be  removed,  upon  a  petition  of  three-fourths 
of  the  pei sons  attached  to  said  school  who  are  entitled  to  vote  at  schoc 
meetings.    (§6589.) 

1.  VOTEES  AT  SCHOOL  MEETINGS.  Voters  at  the  school  meetings  of  a  district 
all  taxpayers,  male  and  female,  except  married  women  and  minors,  who  have  bet 
listed  as  parents,  guardians  or  heads  of  families,  and  attached  to  such  district.  T£ 
payers  are  those  persons  who  are  liable  to  pay  taxes,  either  poll  or  upon  property. 
Any  voter  at  the  school  meeting,  a  woman  if  unmarried,  is  eligible  to  the  office  of 
director. 

[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

139.  Voters  at  School  Meetings.     15.     Any  person  who  is  a  voter  al 
township  elections,  and  has  no  children  in  charge  between  the  ages  of  six 
and  twenty-one  years,  by  making  applL-ation  to  the  trustee  of  his  township 
while  tje  enumeration  is  being  made,  and  by  indicating  to  said  trustee  his 
selection  of  the  school  to  which  he  desires  to  be  attached,  may  have  Lis  name 
listed  by  said  trustee  on  the  enumeration  list,  and  be  attached  to  the  school 
selected,  and  thus  become  entitled  to  the  privileges  of  said  school,  and  be  a 
votei  at  its  school  meeting*.    Suc-h  persons,  together  with  the  parents,  guar- 
dians and  heads  of  families  mentioned  in  section  14,  and  the  persons  trans- 
ferred from  other  townships  and  attached  to  said  school,  as  provided  in  secti 


?tions 


SCHOOL    LAWS    OF    INDIANA  99 


fo  rteen  and  sixteen  of  this  act,  shall  be  the  only  persons  entitled  to  vote  at 
th  meetings  of  the  school  so  sele?ted.  and  all  other  persons  shall  be  excluded 
fr<  m  voting  at  such  meetings. 

1.  NOTE.     In  Carnahan  v.  State,  155  Ind.  156,  the  supreme  court  intimates  that 
th    above  section  is  still  in  force,  and  calls  attention  to  the  fact  that  it  has  been  omit  t  «•<! 
fr<  n  all  the  revisions  of  the  statutes  of  this  state  made  since  1870. 

2.  Lisni)  VND  ATTACHED.     To  be  "listed  as  parents,  guardians  or  heads  of  f';mii- 
lic  "  means  that  the  trustee  in  taking  the  enumeration  listed  them,  that  is,  put  them 
on  the  enumeration  list  or  report,  and  "attached,"  that  is,  assigned  them  to  a  certain 
di   >rict  for  school  purposes. 

[Acts  1873.  p.  68.      Approved  March  8,  1873.1 

140.  Other  Meetings. — Powers.  26.  The  voters  at  school  meeting" 
m  ,y  hold  other  school  meetings  at  any  time  upon  the  call  of  the  director  or 
ai  y  five  voters.  Five  day's  notice  shall  be  given  of  such  meeting,  by  posting 
n<  tices  in  five  public  rclaces  in  the  vicinity;  but  no  meeting  shall  be  illegal 
fo  want  ot  such  notice,  in  the  absence  of  fraud;  and  the  legality  of  such  pro- 
c(  'dings,  it  called  in  question,  shall  be  determined  by  the  trustee  of  the  town- 
si!  p,  subject  to  an  appeal  to  the  county  superintendent,  whose  decision  shall 
b<  final.  Such  school  meetings  shall  have  power  to  determine  what  bra  aches, 
in  addition  to  those  mentioned  in  section  thirty-four  ot  this  act  [§4425],  they 
d(  sire  shall  be  taught  in  such  school,  and  the  time  at  which  such  school  shall 
b(  taught:  Provided,  however,  That  the  tuition  revenue  apoortioned  to  the 
sc  100!  shall  be  expended  within  the  school  year  for  which  it  was  apportioned. 
P  nvided,  further,  That  such  school  year  shall  begin  on  the  first  Monday  of 
Ji.  ly.  Such  school  meetings  shall  likewise  have  the  power  to  fill  vacancies 
th  it  may  occur  in  the  office  of  director;  to  direct  such  repairs  as  they  may 
d(  'in  necessary  in  their  school  house;  to  petition  the  township  trustee  for  the 
re  noval  of  their  school  house  to  a  more  convenient  location,  for  the  erection 
of  a  new  one,  or  the  sale  of  an  old  one  and  the  lands  belonging  thereto,  and 
uj  on  any  other  subject  connected  therewith;  and  at  such  meetings  all  tax- 
payers of  the  district  shall  be  entitled  to  vote,  except  married  women  and 
in  imrs:  J'rorided,  That  nothing  herein  contained  shall  prevent  the  trustee 
from  e\.  n-ising  a  sound  discretion  as  to  the  propriety  or  expediency  of  making 
su  -h  repairs,  removing  or  erecting  school  houses,  and  the  cost  thereof.  (§6590.) 

»[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

111.  Msi  i  mates  of  Expenses.  27.  When  such  meetings  shall  petition 
the  trustee  in  regard  to  re  pairs,  removal  or  erection  of  a  schoolhouse,  they  shall 
al  ;o  furnish  to  such  trustee  an  estimate  of  the  probable  cost  of  such  repairs, 
re  noval  or  erection.  (§6591.) 

I  \~2.  l)ir«  <  tor's  Duties.  29.  The  director  of  each  school  shall  preside 
at  all  HUM  -tings  of  the  inhabitants  connected  therewith,  and  record  their 
nioei-rdings.  He  shall  also  a?t  as  the  organ  of  communication  between  the 
inhabitants  and  the  township  trustee.  (§6604.) 

II  l.{.  Char-:*-  of  the  Schoolhouse.  30.  He  shall  take  charge  of  the 
hool  house  and  property  belonging  thereto,  under  the  general  order  and 
ncurrenee  of  the  trustee,  and  preserve  the  same;  and  shall  make  all  temp- 


100  SCHOOL    LAWS    OF    INDIANA 

orary  repairs  of  the  schoolliouse,  furniture  and  fixtures,  and  provide  the 
necessary  fuel  for  the  school,  reporting  the  oost  thereof  to  the  trustee  for 
payment.  (§6605.) 


1.  POSSESSION  OF  HOUSE.    We  think  the  trustee  has  charge  and  possession  of 
school  house,  for  although  the  director  has  the  charge  for  certain  purposes,  he  ac 
under  the  order  and  concurrence  of  the  trustees. — Hurd  v.  Walters,  48  Ind.  148. 

2.  CHANGING  SITE  OF   SCHOOLHOUSE.      The  relocation  of  a  school  house  requi 

a  majority  petition  of  the  patrons,  the  trustee's  signature  thereto  and  the  count; 
superintendent's  decision  in  favor  thereof,  a  failure  of  any  one  of  which  being  fatal. — 
Brandt  v.  State,  ex  rel.,  171  Ind.  288. 

3.  CONTROL  OF  SCHOOL  PROPERTY.       (§6412.) 


LCtS 

ires 
nty 


144.  Visits  Schools — May  Exclude  Pupils.     31.     He  shall  visit  and 
inspect  the  school,  from  time  to  time,  and,  when  necessary,  may  exclude  any 
refractory  pupil  therefrom;  but  the  exclusion  of  any  pupil  from  the  schoo 
for  disorderly  conduct  shall  not  extend  beyond  the  current  term,  and  may  be 
in  the  discretion  of  the  director,  for  a  shorter  period.    (§6606.) 

145.  Appeal  to  Trustee.     32.     The  decision  of  a  director  in  excluding 
a  pupil  shall  be  subject  to  appeal  to  the  township  trustee,  whose  decision  shal 
be  final.    (§6607.) 


jj.^ 

: 


[Acts  1907,  p.  323.    Approved  March  9,  1907.] 

146.  Common  Schools    Defined — High    School    Courses       1.     The 

public  schools  of  the  state  shall  be  and  are  defined  and  distinguished  as  (a 
elementary  schools  and  (b)  high  schools.  The  elementary  schools  shall  i 
elude  the  first  eight  (8)  years  of  school  work,  and  the  course  of  study 
such  years  [that]  which  is  now  prescribed  or  may  hereafter  be  prescribed  by 
law.  The  commissioned  high  schools  shall  include  not  less  than  four  (4) 
years'  work  following  the  eight  years  in  the  elementary  schools.  The  higli 
school  course  in  non-commissioned  high  schools  shall  be  uniform  throughout 
the  state  and  shall  follow  a  course  to  be  established  and  amended  or  alterec 
from  time  to  time  as  occasion  may  arise,  by  the  state  board  of  education 
(§6583.) 

147.  High  School  Studies,    2.    The  following  enumerated  studies  shal 
be  taught  in  all  commissioned  high  schools  throughout  the  state,  together 
with  such  additional  studies  as  any  local  board  of  education  may  elect  to 
have  taught  in  its  high  school :     Provided,  That  such  additions  shall  be  sub- 
ject to  revision  of  the  state  board  of  education.    Mathematics:    Commer- 
cial arithmetic",  algebra,  geometry.    History :   United  States,  ancient,  medieval 
or  modern.    Geography:    Commercial  or  physical.    English:    Composition, 
rhetoric.     Literature:     English,  American.     Language  (foreign):     Latin  or 
German.      Science:     Biology,    physics   or   chemistry.      Civil   government: 
General,  state.    Drawing.    Music.    (§6584.) 

1 .     For  uniform  high  school  text-  books ,  see  section  600 . 

148.  High  School  Inspector.  1.  That  the  state  superintendent  of  public 
instruction  with  the  approval  of  the  state  board  of  education,  shall  appoint 
a  high  school  inspector  who  shall  act  under  the  direction  of  the  state  su] 
intendent  and  the  state  board  of  education.     The  duties  conferred  by 


SCHOOL    LAWS    OF    INDIANA  101 

up<  a  the  state  board  of  education  in  making  inspections  of  high  schools 
slui  1  be  performed  by  tin-  high  school  inspector.  The  high  school  inspector 
sha  [  be  paid  a  salary  of  two  thousand  five  hundred  dollars  ($2,500)  annually 
an<  he  shall  be  allowed  his  necessary  expenses  while  engaged  in  the  perf  or  in- 
ane j  of  his  duties.  (§t)296a.) 

I  19.  Appropriation.  2.  An  amount  to  pay  the  salary  and  expenses  of 
tin  high  school  inspector  is  hereby  appropriated  out  of  the  state  treasury  from 
mo  ieys  not  otherwise  appropriated.  (§6296b.) 

[Acts  1889,  p.  355.     Approved  Man-li  '.».  1889.] 

150.  kindergartens.     I.     In  addition  to  other  grades  or  departments 
no  •  established  in  the  common  schools  of  the  state,  the  board  of  trustees  of 
an     incorporated  town  or  city  are  hereby  empowered  by  law  to  establish, 
in     onne?tion  with  the  common  schools  of  such  in.  orporated  town  or  city, 
a  1  indergarten  or  kindergartens  for  the  instruction  of  children  between  the 
ag«  3  of  four  and  six,  to  be  paid  for  in  the  same  manner  as  other  grades  and 
d»    artmeiits  now  established  in  the  common  schools  of  such  incorporated 
to    n  or  city :    Provided,  however,  That  no  money  accruing  to  such  incorporated 
to    n  or  -.-ity  from  the  "school  revenue  for  tuition  fund"  of  the  state  shall  be 
us<  d  to  defray  the  tuition  and  other  expenses  of  such  kindergarten;  but  the 
sai  le  may  be  defrayed  from  the  local  tax  for  tuition  and  the  special  school 
re\  enue  of  said  incorporated  town  or  city.    (§6483.) 

[Acts  i«.)0i,  p.  123.      Approved  March  6,  1901.] 

151.  Free  Kindergarten  Tax.     1.     In  any  city  having  a  population  ac- 
coi  ding  to  the  last  United  States  census  of  over  six  thousand,  the  board  of 
scl  ool  commissioners  or  school  trustees  may,  in  fixing  the  annual  levy  of  taxes 
for  school  purposes,  include  therein  two  cents  on  each  one  hundred  dollars 
of  /aluation  for  the  purpose  of  providing  a  fund  for  the  support  of  free  kinder- 
gai  ten  schools  in  said  city.    (§6484,  as  amended  1911,  p.  112.) 

152.  How  Collected  and  Disbursed.     2.     The  tax  so  levied  shall  be 
collected  a>  the  other  taxes  for  school  purposes  in  such'city  are  collected  and 
slu.ll  be  disbursed  by  the  county  treasurer  as  other  school  funds  raised  by 
local  taxation  are  disbursed,  and  said  free  kindergarten  fund  shall  be  applied 
to  the  aid.  maintenance  and  support  of  free  kindergarten  schools  conducted 
by  any  association  incorporated  for  that  purpose  having  the  approval  of  and 
designated  by  the  superintendent  of  schools  of  said  city,  and  said  fund  shall 
be  from  time  to  time  paid  over  to  said  association  for  such  use  upon  the 
written  order  of  said  superintendent  directed  to  said  county  treasurer:    Pro- 
//'"/,  That  in  cities  having  a  population  of  more  than  one  hundred  thousand, 
according  to  the  last  preceding  United  States  census,  such  tax  shall  be  levied 
and  such  association  shall  not  receive  such  funds  unless  for  more  than  two 
ye  ws  next  preceding  it  shall  have  maintained  at  least  twelve  such  free  kinder- 

-ten  schools.    (§6485.) 


(Acts  1911.  p.  485.     Approved  Marrh  <i.  1 «.»!!. ] 


(153.     Medical  Inspection  of  Children.     1.     That  all  school  trustees 
d  township  trustees  are  herewith  permitted  and  recommended  to  institute 
medical  inspection  of  school  children  at  any  time,  the  said  trustees  may 


102  SCHOOL    LAWS. OF   INDIANA 


require  teacners  to  annually  test  the  sight  and  hearing  of  all  school  children 
under  their  charge,  the  said  tests  and  uses  thereof  to  be  made  according  to 
the  rules  hereinafter  authorized.  ( §6585a.) 

154.  Medical  Inspection  Defined.     2.     The  term,  medical  inspection, 
as  used  in  this  act,  shall  be  held  to  mean  the  testing  of  the  sight  and  hearing 
of  school  children  and  the  inspection  of  said  children  by  school  physicians 
for  disease,  disabilities,  decayed  teeth  or  other  defects,  which  may  reduce 
efficiency  or  tend  to  prevent  their  receiving  the  full  benefits  of  school  work. 
(§6585b.) 

155.  School    Physician — Appointment — Compensation.      3.      Be- 
ginning with  the  school  year  1911,  school  trustees  and  township    trustee 
may  appoint  at  least  one  school  physician  for  each  school  corporatioi 
Provided,  Where  practicable,  two  or  more  school  corporations  may  unil 
and  employ  one  such  physician,  whose  duties  shall  be  such  as  are  prescribed  ii 
this  act  and  the  authorized  rules,  but  no  physician  shall  have  more  than 
2,000  school  children  under  his  charge.    Said  school  physicians  shall  be  grad 
uates  of  a  medical  college,  recognized  by  the  state  board  of  registration  anc 
examination,  shall  hold  a  license  to  practice  medicine  in  Indiana,  and  shal 
be  informed  and  skilled  in  medical  inspection  of  children,  informed  in  the 
health  laws  and  the  health  rules  of  the  state  board  of  health,  shall  be  tern 
erate,  able-bodied,  cleanly  in  person,  not  addicted  to  drugs,  and  of  good  mora 
character,  and  no  others  shall  be  appointed.    School  physicians  may  be  dis 
charged  by  the  appointing  power  at  any  time.    School  physicians  shall  serve 
one  year  and  until  their  successors  are  appointed,  and  shall  receive  such 
compensation  as  the  appointing  trustee  or  trustees  may  determine.    (§6585c. 

156.  Physician's  Duties.     4.     School  physicians  shall  make  promp 
examination  and  diagnosis  of  all  children  referred  to  them  and  such  further 
examination  of  teachers,  janitors  and  school  buildings  as  in  then*  opinion 
the  protection  of  the  health  of  the  pupils  and  teachers  may  require.    When 
ever  a  school  child  is  found  to  be  ill  or  suffering  from  any  physical  detect 
the  school  physician  shall  promptly  send  it  home,  with  a  note  to  parents  or 
guardians,  briefly  setting  forth  the  discovered  facts,  and  advising  that  the 
family  physician  be  consulted.     If  the  parents  or  guardians  are  so  poor  as 
to  be  unable  to  give  the  relief  that  is  necessary,  then  school  trustees  am 
township  trustees,  as  the  case  may  be,  shall  provide  the  necessary  relief 
Provided,  That  in  cities  where  public  dispensaries  exist,  the  relief  shall  bt 
given  by  said  dispensaries.     School  physicians  shall  keep  accurate  card-index 
records  of  all  examinations,  and  said  records,  that  they  may  be  uniforr 
throughout  the  state  shall  be  according  to  the  form  prescribed  by  the  rul< 
authorized  in  this  a?t,  and  the  method  and  manner  of  reports  to  be  ma( 
shall  be  according  to  said  rules:     Provided,  however,  That  if  the  parent 
guardian  of  any  school  clfild  shall  at  the  beginning  of  the  school  year  f  urnisl 
tne  written  certificate  of  any  reputable  physician  that  the  child  has 
examined  and  parents  notified  of  the  results  of  such  examination  in  su( 
cases  the  services  of  the  medical  inspector  herein  provided  for  shall  be 
pensed  with,  and  such  certificate  shall  be  furnished  by  such  parent  or  guardij 
from  time  to  time,  as  required  by  the  trustee  or  board  of  trustees  havin} 
charge  of  such  schools.     (§6585d.) 


SCHOOL    LAWS    OF    INDIANA  103 

for  Enforcement.  5.  The  state  board  of  education  and  the 
sta  e  board  of  health,  shall  jointly  pass  rules  for  the  detail  enforcement  of 
th<  purposes  of  t  his  a-t .  which  rales  shall  bear  the  printed  seals  of  said  boards; 
th<  said  rules  to  be  printed  and  promulgated  by  the  state  printing  board; 
pr<  nutation  to  consist  in  s-ipplying  a  reasonable  number  of  copies  to  each 
co  nty  sin  erintendent  from  whom  all  who  are  interested  may  procure  a 
co  v.'  <§n.->85e.) 

158.    Penalty.    6.    All  violations  of  this  act,  except  as  otherwise  provided 
sh.  11  be  punished  by  a  fine  of  not  less  than  ten  or  more  than  fifty  dollars. 


,,, 


(Acts  1907,  p.  537.     Approve!  March  li_>.  1907.] 


I  11  i led  States  Flag.  1.  It  shall  be  the  duty  of  the  township 
tri  stees,  board  of  school  trustees  and  boards  of  school  commissioners  of  the 
va  ions  school  Corporations  of  this  state,  upon  the  petition  of  a  majority  of 
th  school  patrons  of  any  district  school  to  procure  a  United  States  flag  not 
les  5  than  six  feet  long  for  each  school  under  their  supervision.  (§6413,  as 
an  ended  1911,  p.  453.) 

160.  Display  of  Flag.     2.     The  township  trustees,  boards  of  school 

tr  stees  and  boards  of  school  commissioners  of  the  various  school  corpora- 
te n<  in  this  state  shall  cause  tae  United  States  flag  to  be  displayed  upon 
e\  TV  public  school  building  under  their  control  on  every  school  day  such 
sc  tool  is  in  session:  Provided,  That  the  weather  conditions  permit.  Su^h 
tr  stees  and  boards  shall  establish  rules  and  regulations  for  the  proper  care, 
«•  i  ^tody  and  display  of  the  flag  and  when  for  any  cause  it  is  not  displayed, 
it  ;hall  be  placed  conspicuously  in  the  principal  room  or  assembly  hall  of  the 
sc  100!  building.  (§6414,  as  amended  1911,  p.  453.) 

161.  Destruction  or  Mutila  ion.    3.     It  shall  be  unlawful  for  any  per- 
so  i  to  mutilate  or  destroy  any  flag  so  owned  by  said  school  corporation,  or  to 
m  itilate  or  destroy  any  flagstaff  or  appliances  belonging  to   said  school 
corporations  as  aforesaid.     (§6415.) 

162.  Penalty.    4.    Any  person  violating  the  provisions  of  section  3  of 
tli is  act  shall  be  guilty  of  misdemeanor  and  on  conviction  shall  be  punished 
1  o  a  tine  of  not  less  than  $25.00  for  the  first  offense,  and  not  more  than  $100.00 
fo  •  t  ho  second  offense,  to  which  may  be  added  imprisonment  for  not  more  than 

irtydays.    (§6416.) 


i| 
i 


•   i>.  :*r>6.    Approved  March  8,  1909.] 

1  <>.'!.     Star  Spangled  Banner.     The  state  board  of  education  shall  re- 
lire  the  sinking  of  the  "Star-Spangled  Banner,"  in  its  entirety  in  the  schools 
the  State  of  Indiana,  upon  all  patriotic  occasions,  and  that  the  said  board 
education  siiall  arrange  and  supply  the  words  and  music  in  sufficient  quan- 
for  the  purposes  indicated  therein.     (§6582a.) 

[Acts  1913,  p.  759.] 

164.     Legal  Holiday — Discovery  Day.     1.     The  first  day  of  the  week, 
otnnionly  called  Sonday;  tiie  first  day  of  January,  commonly  called  New 
r's  day;  the  fourth  day  of  July;  the  twenty-fifth  day  of  December,  com- 


104  SCHOOL    LAWS    OF    INDIANA 

monly  called  Christmas  day;  any  day  appointed  or  recommended  by  the 
president  of  the  United  States  or  the  governor  of  Indiana  as  a  day  of  publi' 
fasting  or  thanksgiving;  the  twelfth  day  of  February,  commonly  called 
Lincoln's  birthday;  the  twenty-second  day  of  February,  commonly  jailed 
Washington's  birthday;  the  thiitieth  day  of  May,  commonly  called  memorial 
day;  the  first  Monday  of  September,  commonly  called  labor  day;  the  twelfth 
day  of  October,  commonly  known  as  discovery  day;  and  the  day  of  any 
general,  national  or  state  election,  shall  be  legal  holidays  within  the  State 
of  Indiana  for  all  purposes.  And  when  any  of  said  holidays  (other  than  Sun- 
day) comes  on  Sunday,  the  Monday  next  succeeding  shall  be  the  legal  holi- 
day. (§9086.) 

[Acts  1913,  p.  422.] 

165.  Schools — Arbor  Day — Fixing  Date.     1.     That  for  the  purpose 
of  encouraging  the  planting  of  shade  and  forest  trees,  shrubs  and  vines, 
the  third  Friday  of  April  in  each  year  is  hereby  designated  as  a  day  for  gene 
observance  and  to  be  known  as  Arbor  Day.    (§7461a.) 

166.  Proclamation.     2.     The  Governor  shall  make  proclamation  of 
said  day  in  ea-'h  year  at  least  thirty  days  prior  thereto.    (§7461b.) 

167.  School  Exercises.    3.    Appropriate  exercises  shall  be  introduced 
in  all  the  schools  of  the  state;  and  it  shall  be  the  duty  of  the  several  county 
and  city  superintendents  to  prepare  a  program  of  exercises  for  that  day  tc 
to  be  observed  in  all  the  schools  under  their  respective  jurisdictions.     Tht 
exercises  on  arbor  day  shall  give  due  honor  to  the  conservors  of  forestry, 
and  the  founders  of  tLe  study  and  conservation  of  Indiana  forestry.     Ant 
especially  to  the  leading  spirit  of  Indiana  forestry  conservation,  Charles 
Warren  Fan-banks.    (§7461c.) 

[Acts  1913,  p.  693.     Approved  March  14,  1913.] 

168.  State  Song — "On  the  Banks  of  the  Wabash,  Far  Away."     1. 

That  the  song  entitled,  "On  the  Banks  of  the  Wabash,  Far  Away,"  words  am 
music  by  Paul  Dresser,  be  and  is  herebv  established  as  the  state  song 
Indiana.     The  form,  in  which  this  song  shall  be  sung  as  the  state  song 
Indiana  shall  be  as  follows : 

'Round  my  Indiana  homestead  wave  the  cornfields, 
In  the  distance  loom  the  woodlands  clear  and  °,ool, 
Often  times  my  tho'ts  revert  to  scenes  of  childhood, 
Where  I  first  received  my  lessons — nature's  school. 
But  one  thing  there  is  missing  in  the  picture, 
Without  her  face  it  seems  so  incomplete, 
1  long  to  see  my  mother  in  the  doorway, 
As  she  stood  there  years  ago/Jier  boy  to  greet. 

Chorus. 

Oh,  the  moonlight's  fair  tonight  along  the  Wabash, 
From  the  fields  there  comes  the  breath  of  new- mown  hay, 
Thro-jgh  the  sycamores  the  candle  lights  are  gleaming, 
On  the  banks  of  the  Wabash,  far  away. 


SCHOOL    LAWS    OF    INDIANA  105 


Many  years  have  passed  since  I  strolled  by  the  river, 

Arm  in  arm,  with  sweetheart  Mary  by  my  side, 

It  was  there  I  tried  to  tell  her  that  I  loved  her, 

It  was  there  I  begged  of  her  to  be  my  bride. 

Long  years  have  passed  bince  I  strolled  thro'  the  churchyard, 

She's  sleeping  there,  my  angel,  Mary  dear, 

I  loved  her,  but  she  thought  I  didn't  mean  it, 

Still  I'd  give  my  future  were  she  only  here. 

(§10135a.) 


I  [Acts  1913,  p.  967.] 

169.      State   Flower — Carnation.     Be   it    Resolved,   By   the   House  of 
presentatives,   the  Senate  concurring,   That  the  carnation  be  and  the 
„„  ne  is  hereby  adopted  as  the  state  flower  of  the  State  of  Indiana.     (Note 
uj  der  §10135a.) 

[Acts  1907,  p.  616.    Approved  March  12,  1907.] 

170.  Secret  Societies  Unlawful.    1.    The  common  schools  of  the  State 
,      ol  Indiana,  both  elementary  and  high  schools,  shall  be  open  to  all  children 

u  .til  they  Complete  the  courses  of  study  in  said  common  schools,  subject  to 
tl  e  authority  of  the  tea*  hers  therein  and  to  all  the  rules  and  regulations 
p:  ovided  by  the  proper  authorities  for  the  government  of  such  schools.  It 
si  all  be  unlawful  for  the  pupils  in  any  of  the  elementary  or  high  schools  of 
tl  is  state  to  form  secret  societies,  fraternities  or  other  similar  organizations, 
ii  s'ich  schools;  and  the  board  of  school  commissioners  or  board  of  trustees 
ol  any  school  town  or  "ity,  and  the  trustee  of  any  s:  hool  township,  and  t;  e 
s'  perintendent  of  any  school,  are  hereby  required  to  enforce  the  provisions 
o;  this  aet  by  suspending,  or,  if  necessary,  expelling  a  pupil  in  any  elementary 

0  •  high  school  who  refuses  or  neglects  to  obey  such  rules  or  regulations  or  any 

01  them.    (§6585.) 

[Acts  1911.  p.  641.    Approved  March  6.  1907.] 

171.  Night  School.    1.    In  all  3ities  having  a  population  of  three  thous- 
a  id,  or  more,  according  to  the  last  pre  -.eding  United  State  census  the  school 
tnistees  of  sjch  cities  may  keep  and  maintain  a  night  school,  between  the 
hwfs  of  seven  and  nine  and  a  half  o'clock  p.  m.  during  the  regular  school 
torms,  as  a  part  of  the  systems  of  common  schools  whenever  twenty  or  more 
inhabitants  of  such  city  having  children  between  the  ages  of  fourteen  and 
t  venty-one  years  of  age,  or  persons  over  the  age  of  21  years  of  age,  and  who 
1  y  reason  of  their  circumstances,  are  compelled  to  be  employed  or  have  their 
children  employed  during  the  school  days  to  aid  in  the  support  of  such  families 
v  ho  desire  to  and  who  shall  attend  such  school,  shall  petition  such  school 
trustees  so  to  do.    (§6486.) 

172.  Who  May  Attend.     2.    All  persons  between  the  ages  of  fourteen 
nd  thirl  y.  \\lio  are  actually  engaged  in  business  or  at  labor  during  the  day, 

'hall  be  permitted  to  attend  such  school.     (§6487.) 


106  SCHOOL    LAWS    OF    INDIANA 


CHAPTER  VIII. 
MILITARY  TRAINING. 


SEC. 

173.     Payments  from  special  school  fund 
authorized. 


SEC. 

174.     Military  instructors  may  act  as 
physical  directors. 


175.     Military  training  not  compulsory. 
[Acts  1917,  p.  150.     Approved  March  5,  1917.] 

173.  Payments  from  Special  School  Fund  Authoi^ed.     1.     That 
whenever  a  system  of  military  instruction  shall  have  been  instituted  in  a  high 
school  of  any  city  or  town  in  this  state  in  such  form  as  to  authorize  such 
school  to  receive  arms,  ammunition  and  equipment  from  the  United  States 
government,  pursuant  to  regulations  adopted  by  the  war  department,  it 
shall  be  lawful  for  the  school  trustees  or  school  commissioners  of  such  schoc 
city  or  school  town  to  pay  out  of  the  special  school  fund  thereot  freight  eh* 

on  arms,  ammunition  and  equipment  issued  by  the  national  government  from 
the  place  of  issue  to  such  school,  insurance  charges  on  such  government  prop- 
erty, and  the  premiums  on  bonds  to  cover  the  care,  safe  keeping  and  return 
of  such  government  property,  authority  to  execute  such  bonds  being  hereby 
vested  in  such  trustees  or  commissioners;  to  pay  for  the  construction  of  ari 
racks,  and  other  facilities  for  the  care  and  preservation  of  such  arms  am 
.equipment,  scaling  walls,  indoor  targets  and  such  other  equipment  as  in  tl 
opinion  of  the  school  board  is  necessary  to  the  system  of  military  instructioi 

174.  Military  Instructors  May  Act  as  Physical  Directors.    2.    Whei 
ever  any  such  system  of  military  training  shall  have  been  established  in 
city  or  town,  and  no  military  instructor  has  been  detailed  to  such  school 
the  national  government,  or,  where  a  detail  has  been  made  and  addition 
military  instructors  are  necessary,  the  board  of  school  trustees  or  school  com- 
missioners of  such  school  city  or  school  town  may  employ  suitable  and  com- 
petent persons  as  military  instructors,  who  shall  receive  pay  as  in  the  cast 
of  other  instructors  in  such  school.    No  person  shall  be  deemed  suitable  am 
competent  for  such  purpose  unless  he  shall  hold  a  certificate  of  eligibilit; 
issued  by  the  state  board  of  education  upon  examination  conducted  by 
board  of  three  military  officers,  at  least  one  of  whom  shall  be  duly  com- 
missioned in  the  regular  army  of  the  United  States :    Provided,  however,  That 
the  same  person  may  act  as  physical  director  and  military  instructor  in  an? 
school  when  he  is  qualified  to  perform  the  duties  of  both. 

175.  Military  Training  not  Compulsory.     3.     Nothing  in  this  acl 
contained  shall  be  construed  to  authorize  compulsory  military  training  ii 
any  of  the  schools  of  this  state,  or  abridge  the  right  of  the  authorities  of  ai 
school  to  make  proper  rules  and  regulations  for  the  government  of  its  student 
body.     Provided,  That  no  system  of  military  training  or  education  shall  be 
instituted  or  carried  on  in  any  school  in  the  State  of  Indiana,  unless  the  sarru 
be  under  the  supervision  of  an  instructor  detailed  for  that  purpose  by  th< 
federal  government,  or  a  competent  and  qualified  instructor  under  the  provi- 
sions of  this  act. 


SCHOOL    LAWS    OF    INDIANA 


107 


CHAPTER.  IX. 
SCHOOL  PROPERTY. 


17'       Title  to  school  property. 

17        Use   of    schoolhouse    for     private 

school. 
17?  .     Use  of  schoolhouse  for  other  pur- 

po- 

17  .     Schools — Buildings  used  for  public 

gatherings. 

Buildings  to  be  lighted  and  heated. 
Control  of  school  board. 
Responsibility  for  damages. 
Schoolhouse,  when  sold. 
Sale  of  school  property  by  township 

trust  t .  . 

18  ..     Schools — Old     school     buildings — 

Tea  ring  down. 

18  -.     Sale  of  old  buildings— Use  of  old 
material. 

Chanjiinu  site  of  schoolhouse. 

Notice  of  petition  to  change. 

!Vnalt.\  . 

Schoolhouse  in  annexed  territory. 

Annexed  territory      Assessed  valua- 
tion— Bonded  indebtedness, 
hoolnouse  or  property — Appraise- 
ment— Liability   for   unpaid   in- 
debted^" 

Donations  and  bequest-. 

Petition  of  majority  of  vot« 

Sale  of  bonds. 

Donations  made  to  school  corpora- 
tions 

Conditional  gift, 

Income  from 

Trustee  for  uift    -Powers. 

IdentiU   of  fjit't  not   to  he  I- 

Hats  —  Kxtermination  — -  Teaching 
hygiene  in  school. 

Schools  Buddings  and  grounds  for 
hitfh  schools — County  commis- 
sion.^ authorized  to  accept. 


SKC. 

203.  Trustees  of  county  high  schools. 

204.  Duties  of  trustees. 

205.  Purchase  of  real  estate — Petition. 

206.  Appraisement. 

207.  Duty     of    appraisers- -Payment — 

Title— Trial. 

208.  Tender      before      appraisement — 

Costs. 

209.  Schools — Transfer  of  property    by 

civil  townships. 

210.  Transfer  upon  petition. 

211.  School    property   liable  for  public 

improvements. 

212.  Former  payments  legalized — Lien. 

213.  S  pecial  school  fund . 

214.  Doors  must  swing  outward. 

215.  Schools — Sanitary  buildings. 

216.  Temperature — Uncleanliness — 

Teachers — Penalties. 

217.  Hygiene    and    sanitary    science — 

Printed  data. 

218.  Schools — School  officers — Powers. 

219.  Penalty  as  to  officers . 

220.  Buildings  in  towns — Use  by  town- 

ship. 

221.  Buildings — Fire — Means  of  escape. 

222.  Fire  escapes. 

223.  Plan  of  escapes — Approval. 

224.  Penalties. 

225.  Inspectors — Duties — Penalty. 

226.  Township  trustee — Duties. 

227.  State     fire      marshal  —  Schools  — 

Teachers — Compulsory  fire  drill. 

228.  Penalty. 

229.  Fines  paid  to  state  treasurer. 

230.  Fire  drills — Report. 

231.  Duty  of  school   trustees   or  com- 

mNsioners. 


176.  Title  to  School  Property.  157.  The  title  to  all  lands  acquired 
!  >f  school  purposes  shall  be  conveyed  to  the  township,  incorporated  town, 
or  city  for  which  it  is  acquired,  in  the  corporate  name  of  such  township,  town 
<  r  city,  which  is  used  for  school  purposes,  for  the  use  of  common  schools  there- 
i  i.  In  all  cases  in  whi.-.h  the  title  to  any  such  land  is  vested  in  any  other 
j  erson  or  corporation  than  as  above  provided,  it  shall  l»e  the  duty  of  the  trustee 
f  •;•  school  purposes  of  the  township,  town,  or  city,  to  procure  the  title  to  be 

ri-d  is  in  i  his  section  provided.     (§6609.) 


108 


SCHOOL    LAWS    OF   INDIANA 


1.  Where  a  new  school  corporation  is  formed  within  the  limits  of  another,  tht 
new  corporation  becomes  vested  with  the  title  to  the  school  property  within  its  boun- 
daries.— School  Town  v.  Plain  School  Twp.,  86  Ind.  582;  School  Twp.  v.  School  Towi 
109  Ind.  559. 

2.  One  school  corporation  can  not  own  property  within  the  limits  of  another  scho( 
corporation. — State  v.  Shields,  56  Ind.  521. 

3.  If  a  portion  of  a  school  township  is  annexed  to  a  city,  the  school  property  n 
eluded  within  such  annexed  portion  will  remain  the  property  of  the  school  township.- 
Pickert  v.  City  of  Peru,  60  Ind.  473. 

177.  Use  of  Schoolhouse  for  Private  School.  158.  When  a  school 
house  is  unoccupied  by  a  common  school  of  the  state,  and  the  people  wh( 
form  the  school  at  such  house  desire  that  a  private  school  be  taught  thereii 
and  a  majority  of  them  make  application  to  the  trustee  having  charge  of  sucl 
house  for  the  use  of  it  for  such  private  s-hool,  it  shall  be  the  duty  of  th( 
trustee  to  permit  said  school  house  to  be  used  for  such  private  school  by  sac 
teacher  as  may  be  mentioned  in  the  application,  but  not  for  a  longer  time  tl 
until  said  house  may  be  wanted  for  a  public  school;  and  such  permission 
use  shall  be  upon  the  condition  that  the  teacher  employed  in  said  school  si 
report,  in  writing,  to  the  trustee — 

First.     The  number  of  teachers  employed,  distinguishing  between 
and  female. 

Second.    The  number  of  pupils  admitted  into  the  school  within  the  tei 
and  the  average  daily  attendance. 

Third.    The  cost  of  tuition,  per  pupil  per  month,  in  said  school.    (§6613.] 

[Acts  1859,  p.  181.    Approved  March  3,  1859.1 

178.  Use  of  Schoolhouse  for  Other  Purposes.     6.     If  a  majority 
the  legal  voters  of  any  school  district  desire  the  use  of  the  schoolhouse 
such  district  for  other  purppses  than  common  schools,  when  unoccupic 
for  common  school  purposes,  the  trustee  shall,  upon  such  application,  author- 
ize the  director  of  such  school  district  to  permit  the  people  of  such  district 
to  use  the  house  for  any  such  purpose,  giving  equal  rights  and  privileges 
all  religious  denominations  and  political  parties,  without  any  regard  what 
ever  to  the  numerical  strength  of  any  religious  denomination  or  politic* 
party  of  such  district.    ( §6614.) 

1.  USE  OF  THE  SCHOOLHOUSE.     The  trustee,  upon  application  of  a  majority  of 
the  legal  voters  of  a  school  district,  may  authorize  the  director  to  permit  the  use  of  tl 
house  for  other  than  school  purposes,  and  a  complaint  to  enjoin  such  use  must  aver  that 
a  majority  of  the  legal  voters  of  the  district  have  not  expressed  a  desire  therefore. - 
Hurd  v.  Walters,  48  Ind.  148. 

2.  Schoolhouses   can   not  be  used  for  any  purpose  other  than  for  schools  durinf 
school  terms,  and  such  use  may  be  enjoined. — Baggerly  v.  Lee,  37  App.  139. 

[Acts  1913,  p.  947.    In  force  March  18,  1913.] 

179.  Schools— Buildings   Used  for  Public   Gatherings,      1.     That 
upon  application  of  not  less  than  one-half  of  the  voters  residing  within  tw( 
(2)  miles  ot  any  school  house  or  other  public  buildings  or  grounds,  which 
capable  of  being  more  widely  used  as  public  meeting  places  for  non-partisan 
gatherings  of  citizens,  for  the  presentation  and  discussion  of  public  questioi 
or  for  other  civic,  social  or  recreational  activities,  the  township  trustee  01 
other  authorities  having  charge  of  such  schoolhouses,    public  buildings  01 
grounds  shall  allow  the  use  of  such  buildings  or  grounds  for  the  open  present 


SCHOOL    LAWS    OF    INDIANA  109 

ti'  a  and  free  discussion  of  public  questions,  and  may  allow  the  use  of  such 
bi  Idings  or  grounds  for  such  other  civic,  social  and  recreational  activities 
a^  in  the  opinion  of  the  r-.ontrolling  board  do  not  interfere  with  the  prime 
p  rpose  of  the  building  or  grounds.  (§6614b.) 

180.  Buildings  to  be  Lighted  and  Heated.     2.     Where  tne  citizens 
o>   any  community  are  organized  into  a  non-partisan,  non-sectarian,  non- 
e  elusive  association  for  the  presentation  and  discussion  of  public  questions, 
t*  e  school  board  or  other  body  having  charge  of  the  schoolhouses  or  other 
p  .blic  properties  which  are  capable  of  being  used  as  meeting  places  for  such 
o  ?anization,  when  not  being  used  for  their  prime  purpose,  shall  provide,  free 

0  charge,  light,  heat  and  janitor  service,  wheie  necessary,  and  shall  make 
s  ch  other  provisions  as  may  be  necessary  for  the  free  and  convenient  use  of 
s  ch  building  or  grounds,  by  such  organization  for  weekly,  bi-weekly  or 
r  onthly  gatherings  at  such  times  as  the  Citizens'  organizations  shall  request 
c- designate.    (§6614c.) 

181.  Control  of  School  Board.    3.    The  school  board  or  other  board 

1  iving  charge  of  the  school  houses  or  other  public  properties,  may  provide 
f  >r  the  free  and  gratuitous  use  of  the  schoolhouses,  or  other  public  properties 
i  nder  their  charge  for  such  other  civic,  social  and  recreational  activities, 
j  s  in  their  opinion  do  not  interfere  with  the  prime  use  of  the  buildings  or 
1  roperties.    (§6614d.) 

182.  Responsibility  for  Damages.    4.    The  person  or  persons  making 
;  pplication  for  the  use  of  a  schoolhouse  or  other  public  property  for  public 

aeetings,  shall  be  responsible  for  all  damage  to  the  property  occuring  at  s'lfh 
neetings,  ordinary  wear  and  tear  excepted,  and  upon  failure  of  the  responsible 
>erson  or  persons  to  respond  in  damages  for  any  su"h  injury  to  the  property, 
,he  school  board  or  other  board  in  charge  of  the  schoolhouse  or  other  public 
property,  may  refuse  all  future  appli cations  for  the  wide**  use  of  the  property 
intil  such  inj'iry  is  repaired,  without  expense  to  the  board  in  Charge  of  the 
property.  (§6614e.) 

[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

183.  Schoolhouse,     When   Sold.       149.      The    proper  trustee  may, 
whenever  a   schoolhouse  shall  have  been   removed  to  a  different  location, 
01  a  new  one  erected  for  the  school  in  a  different  place,  if  the  land  whereon 
the  same  is  situated  belongs  unconditionally  to  the  township,  town  or  city, 
sell  the  same,  when,  in  his  opinion,  it  is  advantageous  to  th3  township,  town 
or  jitv,  so  to  do,  for  the  highest  price  that  can  be  obtained  therefor;  and  unon 
the  payment  of  the  purchase  money  to  the  township,  town  or  city  treasurer, 
he  shall  execute  to  the  purchaser  a  deed  of  conveyance,  which  shall  be  sufficient 
to  vest  in  such  purchaser  all  the  title  of  such  township,  town  or  city  thereto. 
The  money  derived  from  such  sale  shall  be  a  part  of  the  special  school  revenue. 
(§6615.) 

[Acts  1907,  p.  575.    Approved  March  12,  1907.] 

181.     Sale  of  School  Property  by  Township  Trustee.     1.     Tn  all  0 

w lii-re  s"hool  properties  have  not  been  used  and  occupied  for  school  purposes 
for  a  period  of  two  years,  or  are  unnecessary  by  reason  of  the  construction  of 
othrr  school  luMisrs.  and  the  said  school  property  shall  belong  unconditionally 


110  SCHOOL    LAWS    OF    INDIANA 

to  the  township,  the  proper  trustee  may,  upon  petition  signed  by  two-thirds 
(2-3)  of  the  qualified  voters  of  the  school  district  wherein  said  property  is 
situated,  sell  the  same  for  the  highest  price  that  can  be  obtained  therefor, 
but  not  less  than  two-thirds  of  its  appraised  value,  and  upon  the  payment 
of  the  purchase  money  to  the  township  trustee,  he  shall  execute  to  the  pur- 
chaser a  deed  of  conveyance,  if  of  real  estate,  and  a  bill  of  sale  if  of  building  or 
buildings,  which  shall  be  sufficient  to  vest  in  such  purchaser  all  the  title  of 
such  township  thereto.  Such  sale  shall  be  made  only  after  said  property  has 
been  duly  appraised  by  three  disinterested  householders  of  the  neighborhood, 
as  other  property  is  required  to  be  appraised,  and  the  publication  of  notice 
of  the  sale  thereof  for  three  successive  weeks  in  a  newspaper  of  general  circula- 
tion printed  and  published  in  the  township,  if  any,  otherwise  in  such  paper 
printed  and  published  in  the  township  nearest  thereto,  and  by  posting  five 
(5)  notices  of  such  sale  in  the  township,  three  of  which  shall  be  in  the  district 
wherein  said  property  is  situated,  at  least  three  weeks  prior  to  the  date  of 
such  sale.  The  money  derived  from  such  sale  shall  be  a  part  of  the  special 
school  revenue,  and  shall  be  duly  reported  and  accounted  for  by  such  trustee. 
(§6616.) 

1.  CONVEYANCES.  A  deed  to  the  school  township  for  the  use  of  the  township 
for  school  purposes  is  an  absolute  and  not  a  conditional  conveyance ;  and  the  township 
may  sell  the  property  so  deeded.  The  deed  of  the  township  should  be  made  in  the  name 
of  the  school  township,  and  signed  by  the  trustee.  School  boards  of  cities  and  towns 
may  sell  and  convey  a  school  lot  upon  the  conditions  named  in  this  section. 

[Acts  1913,  p.  594.     Approved  March  13,  1913.] 

185.  Schools — Old  School  Buildings — Tearing  Down.   1.  That  when- 
ever any  city  or  town  having  title  to  real  estate  by  purchase,  gift  or  otherwise, 
for  school  purposes  within  such  city  or  town,  upon  which  real  estate  there  is 
situate  a  public  school-building  or  other  buildings,  connected  therewith, 
which  are  in  bad  repair  or  otherwise  insufficient  to  meet  the  necessary  re- 
quirements for  the  full  enjoyment  and  advancement  of  proper  educational 
uses  and  activities,  and  should  it  now,  or  hereafter,  be  deemed  by  said  board 
of  trustees  necessary  for  said  school  city  or  school  town  to  tear  down  or  other- 
wise remove  such  school-building  or  buildings  connected  therewith,  and  in 
lieu  of  the  use  of  them  or  any  one  of  them  construct  new  public  school- 
buildings  or  other  buildings  connected  therewith,  upon  the  real  estate  occupied 
by  said  old  and  insufficient  school  building  or  other  buildings  connected  there- 
with, the  trustees  of  school  cities  of  incorporated  cities  and  trustees  of  school 
towns  of  incorporated  towns  of  the  State  of  Indiana,  are  hereby  authorized 
and  empowered  to  tear  down  or  otherwise  remove  any  such  old  and  insuffi- 
cient school-building  or  other  buildings  connected  therewith,  for  the  purpose 
of  erecting  upon  said  real  estate  a  new  school-building,  or  other  buildings 
connected  therewith  in  lieu  of  those  removed  or  torn  down.    (§6563a.) 

186.  Sale  of  Old  Buildings— Use  of  Old  Material.     2.     Boards  of 
trustees  of  school  cities  and  boards  of  trustees  of  school  towns  are  hereby 
authorized,  should  said  board  of  trustees  deem  it  most  advantageous  to  said 
school  city  or  school  town  to  do  so,  to  sell  at  private  sale  said  old  and  insufficient 
school-building  or  other  buildings  connected  therewith  in  all  cases  where  it 
is  necessary  in  order  to  meet  the  requirements  for  the  enjoyment  and  advance- 


SCHOOL    LAWS    OP    INDIANA  111 

m<  it  of  proper  educational  uses  and  activities,  to  erect  new  school-buildings 
or  >ther  buildings  connected  therewith  upon  the  real  estate  occupied  by  said 
ol  and  insufficient  school-building  or  buildings.  Before  the  sale  of  any  such 
bi  Iding  or  buildings  shall  be  authorized  however,  said  board  of  school  trustees 
si  11  cause  said  building  or  buildings  to  be  appraised  at  a  fair  cash  value  by  l  wo 
r<  -utable  n-sident  householders  and  free  holders  of  the  school  city  or  school 
to  m  offering  said  building  or  buildings  for  sale,  and  said  appraisement  shall 
hi  made  under  oath  and  spread  of  record  upon  the  records  of  said  board  of 
tr  .stees,  and  no  sale  shall  be  made  for  less  than  the  appraised  value,  and  for 
(.';  ;h,  and  the  same  shall  be  applied  to  the  payment  of  the  cost  of  the  new 
b  ilding  or  buildings  proposed  to  be  constructed.  The  board  of  trustees  as 
ai  >resaid,  shall  also  cause  a  notice  to  be  given  reciting  therein  the  terms, 
ti  ae  and  place  of  sale,  and  a  general  description  of  the  building  or  buildings 
t«  be  sold  by  publishing  the  same  once  each  week  for  a  period  of  two  consecu- 
ti  TQ  weeks  in  some  newspaper  of  general  circulation  printed  and  published 
ii  the  city  or  town  where  said  building  or  buildings  are  for  sale.  If  no 
si  ch  newspaper  be  published  in  said  city  or  town,  then  by  publishing  said 
n  it  ire  for  a  like  period  of  time  in  any  newspaper  of  general  circulation  printed 
a  id  published  in  the  county  where  said  building  or  buildings  are  for  sale. 
I  no  newspaper  be  printed  or  published  in  the  county  then  by  publishing 
s  id  notice  for  a  like  period  of  time  in  any  newspaper,  if  any,  circulating  in 
s.  id  city  or  town,  and  in  addition  thereto  by  posting  a  written  or  printed 
n  )tice  in  five  different  public  locations  in  said  city  or  town  where  said  building 

0  •  buildings  are  for  sale:     Provided,  however,  The  board  of  trustees  of  school 
c  tics  and  boards  of  trustees  of  school  towns  may,  if  they  deem  it  most  ad- 
\  :intugeous  to  said  school  city  or  school  town  to  do  so,  incorporate  all  or  any 

1  art  of  the  material  constituting  said  old  or  insufficient  school-building  con- 
r  ected  therewith  as  a  part  of  the  plans  and  specifications  used  or  to  be  used 
I  y  said  board  of  trustees  in  tne  construction  of  said  new  school-building  or 
ether  building  connected  therewith,  and  the  value  of  said  old  material  so 
i  icorporated  as  aforesaid,  shall  be  taken  into  consideration  and  finally  deter- 
i  lined  in  the  submission  of  bids  for  the  construction  of  said  new  school- 
\  'Uilding  orother  buildings  connected  therewith,  by  the  person  or  persons,  firms 
(>r  corporations  making  sealed  proposals  for  the  construction  of  said  building 
or  building,  as  a!'oiv-aid,  and  all  of  said  sealed  proposals  shall  be  based  upon 
the  quantum  of  material  constituting  said  old  building  or  buildings  incor- 
porated as  aforesaid,  in  the  plans  and  specifications  ultimately  adopted  by 
;aid  board  of  trustees  for  the  construction  of  said  new  building  or  buildings; 
.uid  tin-  notice  given  to  all  contractors  for  sealed  proposals  for  construction, 
ind  tin-  award  of  the  contract  thereto,  and  the  contract  entered  into  by  and 
oetween  the  successful  bidder  or  bidders  and  said  board  of  trustees  for  the 
•onstnietion  oi'  said  new  school-building  or  other  buildings  connected  there- 
with shall  so  provide:    A  ii' I,  Provided,  further,  Said  board  of  trustees  of  such 
school  cities  and  school  towns  shall  also  be  empowered  in  cases  of  repairing 
and  remodeling  old  and  insufficient  school-building  or  other  buildings  con- 
nected therewith  to  also  incorporate  the  old  material,  in  whole  or  in  part, 

onstit  utiiig  said  building  or  buildings  in  the  specifications  for  the  repairment 
r  remodeling  of  such  buildings  or  building  as  hereinbefore  provided;  or 
tiould  it  be  deemed  more  advantageous  to  said  school  city  or  school  town, 
aid  board  of  trustees  in  cases  of  repairment  or  remodeling  as  aforesaid,  may 


112  SCHOOL    LAWS    OF    INDIANA 

sell  said  old  material,  in  whole  or  in  part,  which  sale  shall  be  governed  by  the 
provisions  of  this  act  as  hereinbefore  provided.     (§6563b.) 

[Acts  1893,  p.  17.     Approved  Feb.  7,  1893] 

187.  Changing  Site  of  Schoolhousc.      1.    Whenever  it  becomes  neces- 
sary for  the  trustee  of  any  township  in  this  state  to  change  and  re-establish 
the  site  of  any  school-building  and  remove  said  building  to  a  new  site  and 
location  therefor,  such  trustee  shall  first  present  to  the  county  superintendent 
of  schools  of  the  county  in  which  such  township  is  situated,  a  petition  setting 
forth  therein  the  place  and  particular  point  to  where  it  is  desired  to  change 
and  relocate  the  site  of  any  such  building,  and  to  remove  the  same  thereto, 
together  with  a  brief  statement  of  the  purposes  and  reasons  for  such  proposed 
change  of  location  of  said  school  building,  and  upon  such  petition  shall  first 
procure  an  order  from  such  county  superintendent,  authorizing  him  to  change 
the  site  and  location  of  such  schpol-building,  and  remove  said  building  to  its 
new  site  and  location:     Provided,  That  said  petition  shall  be  signed  by  said 
trustee  and  the  majority  of  the  patrons  of  the  school  where  said  building  is 
located,  and  satisfactory  proof  shall  be  made  to  said  county  superintendent 
that  the  persons  signing  said  petition  constitute  a  majority  of  the  patrons  of 
said  school.    (§6417.) 

1.  Under  this  act,    a   schoolhouse   can  be  removed  and  relocated  at  a  different 
place  only  with  the  concurrence  of  the  township  trustee,  a  majority  of  the  patrons  of 
the  school,  and  of  the  county  superintendent  of  schools. — Carnahan  v.  State,  155  Ind. 
156. 

2.  The  only  manner  of  reviewing  the  action  of  the  trustee  as  to  the  location  of  a 
school  house  is  by  an  appeal  from  his  decision. — Braden  v.  McNutt,  114  Ind.  214; 
State  v.  Schruet/er,  156  Ind.  528;  State  v.  Black,  166  Ind.  138. 

3.  The  decision  of  a  school  superintendent  as  to  the  location  of  a  schoolhouse  is 
binding  on  the  trustee. — Knight  v.  Woods,  129  Ind.  101. 

4.  Mandamus  will  not  lie  to  compel  a  township  trustee  to  locate  a  school  and  build 
a  school  house. — State  v.  Black,  166  Ind.  138. 

5.  In  order  to  obtain  the  removal  and  relocation  of  a  school  house,  the  township 
trustee  and  a  majority  of  the  school  patrons  of  the  district  must  join  in  a  petition  to 
the  county  superintendent  for  such  purpose. — Brandt  v.  State,  171  Ind.  288. 

6.  The  patrons  of  a  school  who  may  sign  a  petition  for  the  removal  and  relocation 
of  a  schoolhouse  are  the  legal  patrons  living  in  the  school  district  and  who  were  enumer- 
ated in  April  of  the  year  in  which  the  petition  is  signed,  or  who  are  proved  to  be  such 
patrons  although  not  enumerated. — Willan  v.  Richardson,  51  App.  102,  98  N.  E.  1094. 

188.  Notice  of  Petition  to  Change.    2.    Before  such  county  superin- 
tendent shall  grant  such  order  such  trustee  shall  make  and  file  with  said 
superintendent  his  affidavit  that  he  has  caused  notice  to  be  given  of  such 
petition,  the  purposes  thereof,  the  place  of  the  change  of  location  of  such  school 
building,  and  the  time  when  the  same  will  be  presented  to  the  said-  county 
superintendent  by  posting  notices  in  not  less  than  five  public  places  in  his 
township,  three  of  which  shall  be  in  the  immediate  neighborhood  from  where 
such  school  building  is  to  be  removed,  at  least  twenty  days  prior  to  the  time 
when  the  same  is  to  be  heard  by  said  county  superintendent.    (§6418.) 

189.  Penalty.     3.     The  trustee  of  any  township  in  this  state  violating 
the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and,  upon  convic- 
tion thereof,  shall  be  fined  in  any  sum  not  less  than  fifty  nor  more  than 
five  hundred  dollars.    ( §6419.) 


SCHOOL    LAWS    OF   INDIANA  113 


[Acts  1893.  p.  194.    Approved  March  3,  1893.) 


II 


H 


190.  Schoolhousc  in  Annexed  Territory.  1.  Whenever  there  has 
b«  m,  or  may  hereafter  be,  by  proper  proceedings,  any  territory  annexed  to 
ai  y  city  or  incorporated  town  of  this  state,  which  territory  included  within 
si  ;h  boundary  as  annexed  any  real  estate  which,  prior  to  such  annexation, 
\v  ,s  the  property  of  the  school  township  adjoining  such  town  or  city,  and  used 
f(  •  school  purposes  by  such  school  township,  such  real  estate  shall,  by  virtue 
o  such  annexation,  at  once  become  in  fee  simple  the  property  of  the  school 
C'  rporation  of  such  town  or  city  within  the  corporate  boundaries  of  which 
r  is  found  after  such  annexation  of  territory,  and  it  is  hereby  made  the  duty 

0  the  township  trustee  to  at  once  execute  and  deliver  to  the  school  corpora- 
t  3n  of  such  town  or  city  a  deed  conveying  such  title  as  his  school  township 

1  is  for  all  school  property  which  has  passed,  by  such  proceedings,  from  the 
1  rritorial  jurisdiction  of  the  township  to  that  of  a  town  or  city.     (§6611.) 

1.  SECTION  VALID.  The  above  section  is  valid,  even  if  the  old  township  is  in  debt 
f  >r  the  school  house,  and  the  annexing  city  or  town  is  not  bound  to  contribute  to  the 
I  lyment  of  the  debt.  If  the  township  trustee  refuses  or  neglects  to  convey  the  property 
1  >  such  annexing  city  or  town  he  may  be  compelled  to  do  so  by  mandate  of  the  courts. — 

•oard  v.  Center  Township,  143  Ind.  391.  This  decision  modifies  the  following  cases: 
<  arson  v.  State,  27  Ind.  465;  Heizer  v.  Yohn,  37  Ind.  415;  State  v.  Shield,  56  Ind.  521; 

lechert  v.  City  of  Peru.  60  Ind.  473;  School  Township  of  Leesburgh  v.  Plain  School 

'ownship,  86  Ind.  582;  School  Township  of  Allen  v.  School  Town  of  Macy,  109  Ind. 

59;  Newpoint  Lodge  v.  School  Town  of  Newpoint,  138  Ind.  141. 

[Acts  1917,  p.  378.     Approved  March  8,  1917.] 

191.  Annexed  Territory — Assessed  Valuation — Bonded  Indebted- 
ness.   1 .    That  in  all  cases  when  any  city,  township  or  incorporated  town  shall 
innex  any  territory  of  another  township,  city  or  incorporated  town,  or  when 
my  town  shall  be  hereafter  incorporated  in  any  township  embracing  unin- 
corporated territory,  and  when  the  territory  so  annexed  or  incorporated  shall 
be  situated  in  a  township,  city  or  incorporated  town  having  a  bonded  in- 
debtedness unpaid  and  outstanding,  the  city,  township  or  incorporated  town 
annexing  or  incorporating  such  territory  shall  be  liable  for  such  proportion 
of  such  bonded  indebtedness  existing  at  the  time  of  annexation  or  incorpora- 
tion as  the  assessed  valuation  of  the  taxable  property  situated  in  such  terri- 
tory so  annexed  or  incorporated  bears  to  the  assessed  valuation  of  the  taxable 
property  of  such  township,  city  or  incorporated  town  as  shown  by  the  last 
preceding  assessment  for  taxation. 

192.  Schoolhouse  or   Property — Appraisement — Liability  for  Un- 
paid Indebtedness.    2.     If  a  schoolhouse  or  schoolhouses  or  other  school 
property  shall  be  located  on  such  territory  so  annexed  or  incorporated,  such 
schoolhouse  or  schoolhouses  or  other  school  property  shall  be  appraised  at 
or  U-t'ore  the  time  of  such  annexation  or  incorporation  by  three  (3)  disinterest- 
ed persons,  one  (1)  of  whom  shall  be  appointed  by  the  board  of  school  coni- 
inissionrrs   of   the   school   city    or   school    cities    corresponding    to    such 
civil  city    or    civil  cities,    one   by    the    board   of   trustees   of   the   school 
town  corresponding  to  such  civil  town,  and  one  (1)  by  the  township  trustee 
of  the  township  within  which  such  annexed  territory  is  situated,  and  the  third 

>y  the  two  (2)  persons  so  chosen  as  the  case  may  be,  none  of  the  persons 
chosen  shall  be  residents  of  the  township,  city  or  incorporated  town  affected. 

8554 — 8 


ll4  SCHOOL    LAWS    OF    INDIANA 

Before  proceeding  to  the  discharge  of  their  duty  each  such  appraiser  shall 
take  and  subscribe  an  oath  that  he  will  honestly  appraise  such  schoolhouse 
or  schoolhouses  and  school  property  at  its  fair  cash  value,  and  such  appraisers 
shall  return  their  appraisement  when  completed  to  the  clerk  of  the  circuit 
court  of  the  county  in  which  such  school  city,  school  town  and  township  are 
located  and  such  appraisement  shall  by  such  clerk  be  filed  and  recorded. 
The  appraisement  of  such  appraisers  may  be  reviewed  by  the  circuit  or 
superior  court  in  which  such  proceedings  may  be  had,  on  written  exceptions 
filed  by  either  party  in  the  office  of  the  clerk  of  the  circuit  or  superior  court, 
within  ten  (10)  days  after  the  filing  of  such  appraisal  and  the  court  shall  make 
such  order  therein  as  right  and  justice  may  require,  by  ordering  a  re- 
appraisement  on  good  cause  shown.  If  no  such  exceptions  shall  be  filed  within 
such  period  often  (10)  days  such  appraisement  so  made  and  recorded  shall  be 
deemed  binding  on  such  school  city  or  school  town  and  school  township. 
No  such  appeal  shall  delay  the  annexation  of  such  territory  and  the  subse- 
quent proceedings  on  the  appeal  shall  only  affect  the  amount  of  compensation 
to  be  allowed.  Until  such  township,  city  or  town  school  corporation  shall 
have  paid  such  indebtedness,  it  shall  not  be  entitled  to  a  deed  therefor,  and 
if  such  indebtedness  is  paid  by  said  school  township,  town  or  city,  such  school 
township,  town  or  city,  shall  be  entitled  to  recover  the  amount  so  paid  from 
said  city,  town  or  township  school  corporation  with  interest  at  the  rate  of  six 
per  cent  (6%)  per  annum  from  date  of  payment,  and  on  payment  of  such 
amount  the  said  school  corporation  shall  be  entitled  to  a  deed  of  such  prop- 
erty as  now  by  law  provided,  whenever  any  annexation  of  such  property 
has  been  made  prior  to  the  passage  of  this  act  then  liability  on  the  part  of 
such  annexing  city,  town  or  township  for  any  such  indebtedness  remaining 
unpaid  at  the  time  of  the  passage  of  this  act,  shall  be  under  this  act  the  same 
as  if  such  annexation  had  taken  place  subsequent  to  the  passage  of  this  act. 

[Acts  1877,  p.  126.    Approved  March  7,  1877.] 

193.  Donations  and  Bequests.     1.     Whenever  any  person  shall  give 
or  bequeath  unto  trustees  any  sum  of  money  exceeding  five  thousand  dollars, 
for  the  purpose  of  erecting  a  public  school  building  or  seminary  in  any  unin- 
corporated town  in  this  state,  and  upon  the  express  or  implied  condition 
contained  in  said  bequest  that  an  amount  equal  thereto  shall  be  raised  by 
the  citizens  of  said  town  or  township  for  a  like  purpose,  the  township  trustee 
of  said  township  in  which  said  town  is  situated  shall,  upon  the  petition  of  a 
majority  of  the  legal  voters  of  said  township,  be  authorized  to  prepare,  issue 
and  sell  the  bonds  of  said  township,  to  secure  a  loan  not  exceeding  fifteen 
thousand  dollars  in  anticipation  of  the  revenue  for  special  school  purposes, 
for  the  purpose  of  complying  with  the  condition  annexed  to  such  gift  or  devise 
— said  bonds  to  bear  a  rate  of  interest  not  exceeding  seven  per  cent  per  annum, 
payable  at  such  time,  within  seven  years  from  date,  as  such  trustee  may 
determine :    Provided,  That  until  all  the  bonds  of  any  one  issue  shall  have  been 
redeemed,  such  township  trustee  shall  not  be  authorized  to  make  another 
issue,  nor  shall  any  such  bonds  be  sold  at  a  less  rate  than  ninety-five  cents  on 
the  dollar.    (§6624.) 

194.  Petition  of  Majority  of  Voters.    2.     The  whole  number  of  votes 
cast  for  candidates  for  congress  at  the  last  preceding  congressional  election 


SCHOOL    LAWS    OF    INDIANA  115 


in  he  township  shall  be  deemed  to  be  the  whole  number  of  legal  voters  of 
sue  i  township,  a  majority  of  whose  names  shall  be  signed  to  the  petition 
pr<  5ented  to  such  township  trustee;  to  which  petition  shall  be  attached  the 
affi  lavit  or  affidavits,  as  such  trustee  may  deem  necessary,  of  a  competent 
an  credible  person  or  persons  that  the  signature  of  all  the  names  to  said 
pe  lion  are  genuine,  and  that  the  persons  whose  names  are  thereto  signed  are, 
as  le  believes,  legal  voters  of  such  township.  (§6626.) 

195.  Sale  of  Bonds.    3.    The  township  trustee  shall  record  such  petition, 
to  ether  with  the  names  attached,  in  the  record-book  of  his  township,  and 
ca  efully  file  away  and  preserve  said  petition,  and  shall  enter  in  such  record  a 
si   iement  of  the  time  when  such  petition  was  filed;  and,  if  said   trustee 
si  ill  then  be  satisfied  that  said  petition  contains  the  names  of  a  majority  of 
tl  3  legal  voters  of  said  township,  he  shall  then  prepare,  issue  and  sell  bonds 
t(  the  amount  petitioned  for  in  such  petition,  as  provided  in  section  1  of  this 
a(  s  (§6624)  and  shall  accurately  keep  a  record  of  all  proceedings  in  and 
a'  out  the  issue  and  sale  of  such  bonds,  to  whom,  and  for  what  amount  sold, 
tl  e  rate  of  interest  they  bear,  and  the  time  when  they  become  due.    (§6627.) 

[Acts  1901,  p.  555.    Approved  March  11,  1901.] 

196.  Donations  Made   to   School   Corporations.      1.     All  common 
s  hool  corporations  of  this  state  be  and  they  hereby  are  authorized  and 
e  npowered  to  acquire  by  gift,  devise  or  bequest  real  estate  and  personal 
I  roperty,  and  any  such  gift,  devise  or  bequest  heretofore  made  is  hereby 
I'galized  as  fully  as  if  made  after  the  taking  effect  of  this  act.     (§6628.) 

197.  Conditional   Gift.     2.     Any  such  common  school  corporation 
A  fhich  has  heretofore  acquired  or  shall  hereafter  acquire  any  personal  property 
(  r  real  estate  by  gift,  devise  or  bequest,  in  respect  of  which  the  donor  or  testa- 
1  or  at  the  time  of  making  the  same,  has  annexed  or  may  annex  conditions  or 
directions  concerning  the  manner  in  which  the  same  shall  be  held,  used, 
•  'ii joyed  or  disposed  of,  shall  hold,  use,  enjoy  and  dispose  of  the  same  agree- 

ibly  to  the  terms  and  conditions  so  imposed  by  the  donor  or  devisor.    (§6629.) 


I 
I 


198.    Income  from  Gifts.    3.    In  every  case  where  any  such  common 
school  corporation  has  heretofore  acquired  or  shall  hereafter  acquire  any 
P«  -rsonal  property  or  real  estate  by  gift,  devise  and  bequest  in  respect  of  which 
tin-  donor  or  testator,  at  the  time  of  making  the  same,  has  not  or  shall  not 
annex  conditions  or  directions  concerning  the  same  inconsistent  with  the 
requirements  of  this  section,  the  principal  of  such  gifts,  devises  and  bequests 
shall  he  inviolate,  but  the  interest,  rents,  incomes,  issues  and  profits,  thereof, 
y  In-  expended  by  such  school  corporation.    Such  interest,  rents,  incomes, 
and  profits  shall  not  be  devoted  to  the  payment  of  any  obligation  of 
corporation  incurred  before  the  property  was  acquired,  nor  to  the  pay- 
ent  of  the  salaries  or  wages  of  teachers,  of  the  branches  commonly  and 
rally  taught  in  the  public  schools,  or  for  school  or  library  officers  or  em- 
ployes, nor  to  the  purchase  of  ordinary  school  furniture  or  supplies  of  the 
character  required  by  the  corporation  to  be  paid  for  from  the  current  income 
enue  coming  to  it  from  taxes  or  by  operation  of  law,  but  the  same  may 
be  devoted  to  any  public  educational  or  public  library  or  kindred  purpose, 
for  which  in  the  judgment  of  the  managing  board  or  trustee  of  the  corpora- 


116  SCHOOL    LAWS    OF    INDIANA 

tion  adequate  financial  provision  shall  not  have  been  made  by  law.  If  in  the 
judgment  of  such  board  or  trustee,  it  seems  wise  to  invest  the  principal  of 
the  gift,  devise  or  bequest  in  the  erection  or  equipping,  or  both,  of  a  building 
to  be  devoted  to  some  special  use  of  a  public  educational  or  library  character, 
and  the  expressed  will  of  the  donor  or  testator  will  not  thereby  be  violated, 
the  principal  may  be  so  used,  anything  in  this  act  to  the  contrary  notwith- 
standing, but  this  provision  shall  not  be  construed  to  permit  its  use  for  the 
building  or  equipping  of  buildings  for  the  ordinary  graded  or  high  schools. 
(§6630.) 

199.  Trustee  for  Gift — Powers.      4.     If  in  the  judgment  of  the  board 
of  trustees  or  school  commissioners  of  any  corporation  coming  under  the 
terms  of  this  act,  it  would  be  wise  to  appoint  a  trustee  or  trustees  to  hold  the 
title  to  any  such  property,  real  or  personal,  heretofore  acquired  or  that  may 
be  hereafter  acquired  by  it  in  the  manner  mentioned  in  this  act,  unless  the 
wish  and  will  of  the  donor  or  testator  expressed  as  aforesaid  would  thereby 
be  violated,  and  to  invest  the  principal  and  pay  over  from  time  to  time  only 
the  net  interests,  rents,  issues,  incomes  and  profits  of  the  fund  to  the  school 
corporation  for  use  as  in  this  act  provided,  such  school  corporation  is  hereby 
authorized  and  empowered  to  name  and  appoint  such  trustee  or  trustees  and 
to  vest  in  him  or  them  the  title  to  such  property  subject  to  such  trust  and 
powers  as  the  school  corporation  may  impose  not  inconsistent  with  the  wish 
or  will  of  the  donor  or  testator,  expressed  as  aforesaid,  or  of  the  provisions  of 
this  act  applicable  to  such  property  in  case  no  such  transfer  to  a  trustee  has 
been  made.     Provided,  That  if  the  managing  board  of  such  school  corpora- 
tion shall  consist  of  fewer  than  three  persons,  and  the  school  corporation 
elects  to  have  the  property  held  and  managed  by  trustees,  the  corporation 
shall  establish  the  terms  of  the  trust  and  make  the  conveyance,  but  the 
trustees  shall  in  such  case  be  not  fewer  than  three  and  shall  be  named  and 
appointed  by  the  judge  of  the  circuit  court  of  the  county  in  which  the  school 
corporation  is  domiciled.    (§6631.) 

200.  Identity  of  Gift  not  to  be  Lost.     5.     It  is  the  main  purpose  of 
this  act  that  the  identity  of  the  principal  of  gifts  and  benefactions  of  friends 
of  the  state's  public  schools  may  not  be  lost  and  that  the  income  from  their 
investment  shall  be  used  in  giving  to  school  children  and  the  public  educa- 
tional and  library  advantages  that  could  not  be  enjoyed  if  only  the  school 
and  library  revenue  and  income  provided  by  law  were  available,  but  nothing 
in  this  act  shall  be  construed  as  a  limitation  against  the  investment  and 
reinvestment  either  by  the  school  corporation  itself  or  the  trustees  appointed 
agreeably  to  this  act,  from  time  to  time  as  the  safety  of  the  fund  or  the  best 
interests  of  the  corporation  may  to  the  school  corporation  to  which  it  is 
given,  seem  to  require.    (§6632.) 

[Acts  1913,  p.  638.     Approved  March  14,  1913.] 

201.  Rats — Extermination — Teaching    Hygiene    in    Schools.       1. 

That  it  shall  be  unlawful  for  any  person,  firm,  co-partnership,  company 
or  corporation  owning,  leasing,  occupying,  possessing  or  having  charge  of 
any  land,  place,  building,  structure,  stacks  or  quantities  of  wood,  hay,  corn, 
wheat,  or  other  grains  or  materials,  or  any  vessel  or  water  craft,  to  permit 
the  same  to  become  rat  infested,  and  it  shall  be  the  duty  of  any  such  person, 


SCHOOL    LAWS    OF    INDIANA  117 


partnership,   company,   or  corporation,  upon  any    knowledge    or 
n  tice,  to  at  once  proceed  and  to  continue  in  good  faith  to  endeavor  to  ex- 
t   rminate  and  destroy  such  rats  by  poisoning,  trapping  and  other  appropriate 
t    -ans,  such  as  may  be  suggested  by  the  state  board  of  health  or  the  local 
t  -alth  officers.    And  it  shall  be  the  duty  of  the  trustees  of  the  several  town- 
s  dps  and  the  boards  of  school  trustees  of  the  several  cities  and  towns  in 
1  le  state,  to  make  provisions  in  the  public  schools  under   their  jurisdiction 
i  »r  the  illustrative  teaching  of  the  anatomy,  physiology    and    hygiene    of 
t  le  human  system;  the   effects   of   alcohol   and   nicotine;    the   cause   and 
>urse  of  consumption;  the   dissemination   of   diseases   by  rats,    flies   and 
losquitoes  and  the  effects  thereof^and  the  prevention  of  diseases  by  the 
•roper  selection  and  consumption  or  food.    (§7648j.) 

1.     This  act  consists  of  seven  sections,  the  first  of  which  is  printed  herein.    Section 
authorizes  the  Governor  to  designate  by  a  proclamation  "rat  day." 

[Acts  1889,  p.  400.] 

202.  Schools — Buildings  and  Grounds  for  High  Schools — County 
Commissioners     Authorized     to     Accept.       1.       That    whenever    any 
pt-rson  or  persons  shall  donate  to  any  county  of  the  state,  any  building,  or 
buildings,  together  with  the  necessary  grounds,  of  the  value  of  not  less  than 
$10,000,  in  counties  having  a  population  of  less  than  twenty-five  thousand 
(2,5,000)  and  of  the  value  of  twenty  thousand  dollars  ($20,000)  in  counties 
having  a  population  in  excess  of  twenty-five  thousand   (25,000)   for  the 
purpose  of  maintaining  a  county  high  school  or  county  agricultural  school 
therein,  it  shall  be  the  duty  of  the  board  of  county  commissioners  of  such 
county  to  accept  such  donation  for  the  purpose  herein  named.     (§6868.    As 
amended  Act*  l'.»i:J.  p.  763.) 

1.     Township  high  schools,  sections  6584a-6584c,  aiding  colleges  and  high  schools 
l>.\  donations  and  appropriations,  sections  6826-6843. 

[Acts  1889,  p.  400.     Appoved  March  1 1 ,  1889.1 

203.  Trustees  of  County  High  Schools.     2.     Whenever  the  board  of 
commissioners  of  any  county  shall  accept  any  donation  as  provided  in  the 
preceding  section  of  this  act,  it  shall  be  the  duty  of  the  county  board  of 
education,  together  with  the  county  commissioners,  to  meet  at  the  auditor's 
offico  within  ten  days  after  such  acceptance,  and  annually  thereafter  on  the 
first  day  of  May,  for  the  purpose  of  electing  trustees  for  such  school.    At  the 
first  of  said  meetings  throe  trustees  shall  be  elected  to  serve  until  the  first, 
second  and  third  annual  election,  respectively,  to  be  determined  by  lot,  and 
one  trustee  shall  be  elected  at  each  annual  election,  to  serve  for  a  term  of 
three  years.    Said  persons  shall  constitute  a  board  of  trustees  for  the  manage- 
ment of  said  school  and  before  entering  upon  the  duties  of  their  office,  shall 
take  an  oath  faithfully  to  discharge  the  duties  of  the  same.    They  shall  meet 
within  five  days  after  their  election  at  the  office  of  the  county  superintendent 

V'  sii<l  county  and  organize  by  electing  one  of  their  number  president,  one 
jcretary.  and  one  treasurer.  The  treasurer,  before  entering  upon  the  duty  of 
is  office,  shall  execute  a  bond  to  the  acceptance  of  the  county  auditor, 
mditioned  as  ordinary  official  bonds,  with  at  least  two  freehold  sureties 


118  SCHOOL    LAWS    OF    INDIANA 

who  shall  not  be  members  of  said  board  of  trustees,  in  a  sum  not  less  than 
double  the  amount  of  money  which  may  come  into  his  hands  within  the 
ensuing  year  by  virtue  of  his  office.  The  president  and  secretary  shall  each 
give  bond,  with  like  sureties,  in  the  sum  of  one  thousand  dollars;  all  of  said 
bonds  to  be  approved  by  the  county  auditor.  All  vacancies  that  may  occur 
in  said  board  of-  trustees  shall  be  filled  by  the  county  auditor.  The  board  of 
trustees  shall  each  year,  within  five  days  after  the  annual  election  of  a  member, 
reorganize  their  board  and  execute  their  respective  bonds  for  the  ensuing 
year.  Said  trustees  shall  receive  for  their  services  such  compensation  as  the 
board  of  county  commissioners  may  deem  just — their  allowance  to  be  drawn 
from  the  revenues  of  said  school.  (§6869.) 

204.  Duties  of  Trustees.     3.     It  shall  be  the  duty  of  such  board  of 
trustees — 

First.  To  levy  annually  a  tax  for  the  support  of  said  county  school, 
which  tax  shall  be  assessed  and  collected  as  the  taxes  for  state  and  county 
revenues  are  assessed  and  collected:  Provided,  That  no  such  tax  levy,  in 
any  one  year,  shall  exceed  the  sum  of  fifteen  cents  on  each  one  hundred  dollars 
of  the  taxable  property  in  their  respective  counties. 

Second.  To  take  control  of  all  property  belonging  to  said  school  and  to 
make  all  necessary  improvements  and  repairs  to  the  same;  to  organize  such 
school  and  adopt  and  enforce  rules  for  the  government  of  the  same,  purchase 
apparatus  and  general  supplies,  employ  and  pay  teachers,  appoint  superinten- 
dent, establish  a  course  of  study;  to  admit  to  such  county  school  all  pupils 
resident  of  the  county  who  are  prepared  to  enter  the  high  school  department 
of  the  common  schools,  without  cost  of  tuition;  to  fix  terms  and  rules  for 
admitting  pupils  not  resident  of  their  respective  counties,  and  to  do  all  other 
necessary  acts  for  the  proper  management  of  said  school.  (§6870.) 

[Acts  1907,  p.  114.    Approved  March  1,  1907.] 

205.  Purchase   of   Real    Estate — Petition.      1.      Whenever,    in   the 
opinion  of  the  trustees  of  school  corporations  of  any  city  or  town,  or  of  the 
township  trustee  of  any  township  in  the  state,  it  shall  be  considered  necessary 
to  purchase  any  real  estate  on  which  to  build  a  school  house,  or  for  any  other 
purpose  connected  therewith,  such  township  trustee  or  school  trustees,  or  a 
majority  of  them,  may  file  a  petition  in  the  circuit  court  of  said  county, 
asking  for  the  appointment  of  appraisers  to  appraise  and  assess  the  value 
of  said  real  estate.     (§6633.) 

206.  Appraisement.    2.     Upon  said  petition  being  filed,  the  owner  or 
owners  of  said  real  estate,  having  had  ten  days'  notice  of  the  pendency 
thereof,  the  court  shall  appoint  three  freeholders,  resident  in  said  school 
corporation  or  said  township  where  said  real  estate  is  situate,  to  appraise 
and  assess  the  value  thereof.    (§6634.) 

207.  Duty    of  Appraisers — Payment — Title — Trial.      3.      Said   ap- 
praisers, before  making  said  appraisement  and  assessment,  shall  take  an 
oath  before  the  clerk  of  said  court  to  make  a  fair,  true  and  honest  appraise- 
ment of  said  real  estate  and  shall  then  proceed  to  examine  said  real  estate, 
hear  such  evidence  as  they  may  consider  necessary  and  make  report  of  their 


SCHOOL    LAWS    OF    INDIANA  119 


a  praisement  to  said  court  within  fiVe  days  after  their  appointment;  and 
ti  ereupon  such  township  trustee  or  school  trustees  of  such  school  corpora- 
ti  »n,  or  a  majority  of  them,  may  pay  to  the  clerk  of  said  court,  for  the  use  of 
t  e  owner  or  owners  thereof,  the  amount  thus  assessed,  and  upon  such  pay- 
i!  ent  being  made  and  the  same  having  been  shown  to  the  court  hearing  said 
c  ,use,  the  title  to  said  real  estate  shall  at  once  vest  in  such  school  corporation 
c  •  school  township  for  said  purposes,  and  said  court  shall  cause  saic?  real 
(  ;tate  to  be  conveyed  to  said  school  corporation  or  school  township  by  a 
i  Hiimissioner  appointed  therefor,  and  said  school  corporation  or  school 
1  )wnship  may  immediately  take  possession  of  said  real  estate  for  said  purpose. 
•  <pon  the  report  of  said  appraisers  being  filed,  any  party  to  the  action,  within 
en  days,  may  except  to  the  amount  of  the  appraisement  and  valuation  of 
aid  real  estate,  and  a  trial  may  be  had  thereon  befoie  said  court  as  other 
ivil  causes  are  tried,  and  said  court  shall  fix  the  amount  of  said  appraisement 
,nd  assessment,  and  any  party  to  said  action  may  appeal  from  the  judgment 
>f  said  court  as  other  civil  cases  are  appealed:  Provided,  That  should  said 
township  trustee  or  school  trustees,  or  a  majority  of  them,  except  to  the 
imount  of  the  appraisement  and  assessment  as  aforesaid,  the  court  shall 
aonvey  said  real  estate  to  said  school  corporation  or  school  township,  and 
the  title  to  said  real  estate  shall  at  once  vest  in  said  school  corporation  or 
school  township  for  said  purposes,  and  the  subsequent  proceedings  upon 
said  exceptions  shall  only  affect  the  amount  of  such  appraisement  and  assess- 
ments. (§6635.) 

208.  Tender  before  Appraisement — Costs.     4.     Before  the  filing  of 
said  petition  said  township  trustee  or  school  trustees,  or  a  majority  of  them, 
may  offer  or  tender  to  the  owner  or  owners  of  said  real  estate  an  amount 
deemed  a  reasonable  value  therefor,  and  should  the  amount  fixed  by  the 
appraisers  or  by  the  court  subsequently  thereto  be  the  same  or  less  than  the 
amount  so  tendered,  then  said  cause  shall  be  prosecuted  at  the  cost  of  the 
owner  or  owners  of  said  real  estate,  and  upon  exception  to  the  amount  fixed 
by  the  appraisers,  should  said  exceptor  not  increase  the  amount  of  said  ap- 
praisement and  assessment,  the  action  on  such  exception  shall  be  at  the  cost 
of  such  exceptor.     Where  no  amount  has  been  tendered  by  said  township 
trustee  or  school  trustees,  or  a  majority  of  them,  and  no  exception  taken, 
the  action  shall  be  prosecuted  at  the  cost  of  the  petitioners.    (§6636.) 

[Acts  1915,  p.  135.] 

209.  Schools— Transfer  of  Property  by  Civil  Townships.     1.     That 
any  building  or  other  property  belonging  to  any  civil  township  in  this  state 
may  be  conveyed  to  the  corresponding  school  township  in  the  manner  pre- 
scribed in  this  act. 

210.  Transfer  upon  Petition.     2.     In  order  to  effect  the  transfer  or 
conveyance  of  any  building  or  other   property   from   any   civil   township, 
to    the   corresponding   school   township,    a   petition    may    be    filed    with 
tin-    hoard   of   commissioners  of   the  county    in   which  such  civil  township 
is   situated,   asking   for    the   conveyance   or   tran<iVr  of  such  building,   or 
other    property,    the    nature    of    the    building    or    other    property    to    be 
conveyed  or  transferred,  and   t  ho  reasons  for  desiring  to  effect  such  con- 
veyance or  transfer.    The  petition  shall  be  signed  by  a  majority  of  the  legal 


120  SCHOOL    LAWS    OF   INDIANA 

voters  resident  within  such  civil  township  and  shall  be  filed  in  the  office  of 
the  county  auditor.  At  the  time  of  filing  such  petition,  the  petitioners  shall 
give  a  bond  with  good  and  sufficient  freehold  sureties,  payable  to  the  state, 
to  be  approved  by  the  board  of  commissioners,  conditioned  to  pay  all  ex- 
penses in  the  event  the  board  of  commissioners  shall  fail  to  authorize  the 
proposed  conveyance  or  transfer.  Immediately  after  such  petition  shall  have 
been  filed  the  county  auditor  shall  give  notice  of  the  filing  of  such  petition 
by  causing  publication :  To  be  made  once  a  week  for  two  (2)  consecutive 
weeks  in  one  newspaper  printed  and  published  in  the  county  and  of  general 
circulation  in  the  county  in  which  such  civil  township  is  situated.  The 
board  of  commissioners  shall  hear  the  petition  at  their  next  regular  term, 
and  on  the  day  designated  in  the  notice  and  shall  determine  all  matters 
pertaining  thereto,  and  if  such  board  shall  be  satisfied  as  to  the  propriety  of 
granting  the  prayer  of  the  petitioners,  they  shall  so  find  and  thereupon  the 
trustee  of  such  civil  township  shall  convey  such  building  or  other  property 
belonging  to  such  civil  township  to  such  corresponding  school  township  and 
such  school  township  shall  thereafter  hold,  control  and  manage  such  building 
or  other  property.  All  expenses  incurred  in  the  conveyance  of  such  property, 
if  such  conveyance  be  authorized,  shall  be  paid  out  of  the  general  funds  of 
such  civil  township. 

[Acts  1903,  p.  357.    Approved  March  9,  1903.] 

211.  School  Property  Liable    for    Public    Improvements.     1.     All 

common  school  corporations  of  this  state  shall  hereafter  possess  the  same 
powers  and  be  subject  to  the  same  duties  and  liabilities  in  respect  to  municipal 
assessments  for  the  cost  of  public  improvements  affecting  their  real  estate 
that  private  owners  of  real  estate  possess  or  are  subject  to,  and  that  the  real 
estate  of  such  corporations  shall  be  subject  to  liens  for  such  municipal  assess- 
ments for  public  improvements  in  all  cases  where  the  same  property  would 
be  so  subject  had  it,  at  the  time  the  lien  attaches,  been  owned  by  a  private 
owner,  except  that  no  penalty  or  attorney's  fee  in  respect  of  any  such  municipal 
assessment  shall  be  collectible  from  any  such  school  corporation.  (§6670.) 

212.  Former  Payments  Legalized — Lien.     2.     Whenever  any  such 
public  improvement  has  been  heretofore  made  and  it  has  been  paid  for  by  a 
common  school  corporation  out  of  its  special  school  revenue,  the  act  of  the 
corporation  in  making  the  payment  is  hereby  validated,  and  in  every  case 
where  such  an  improvement  has  heretofore  been  made,  but  the  cost  has  not 
yet  been  paid,  where,  if  the  real  estate  had  been  at  the  time  in  private  owner- 
ship, a  valid  municipal  assessment  lien  would  have  existed  for  the  cost  thereof, 
and  such  a  lien  has  been  sought  to  be  taken,  which  lien  would,  as  against  a 
private  owner,  be  valid,  the  same  as  against  such  common  school  property, 
is  hereby  validated  and  made  as  enforceable  as  it  would  be  had  the  property 
been,  at  the  time  the  lien  was  sought  to  be  taken,  in  private  ownership,  but 
no  penalty  or  attorney's  fee  shall  be  collectible;  and  it  is  hereby  made  the 
duty  of  every  such  common  school  corporation  to  pay  and  discharge  such 
lien  out  of  the  special  school  revenue,  and  not  otherwise  appropriated.  ( §6671.) 

[Acts  1907,  p.  340.    Approved  March  9,  1907.] 

213.  Special  SchoofFund.    1.  [Whenever  any  township  of  the  State  of 
Indiana  shall  have  collected  any  special  school  fund  for  the  special  or  specific 


SCHOOL    LAWS    OF    INDIANA  121 

pi  *pose  of  erecting  or  constructing  a  school  building  and  it  shall  have  been 
d<  fided  by  the  township  trustee  of  such  township  to  abandon  the  proposed 
w  rk  of  erecting  or  constructing  such  school  building,  it  shall  be  the  duty  of 
tl  '  township  trustee  of  such  township  to  transfer  such  special  school  fund 
ct  leoted  for  such  special  or  specific  purpose  to  the  township  fund  of  such 
t(  unship  uoon  the  order  of  the  advisory  board  of  such  township  to  make 
si  c.h  transfer  of  such  special  school  fund,  and  it  shall  be  lawful  thereafter 
t-  use  such  funds  for  any  purpose  for  which  the  township  funds  of  such  town- 
si  ip  may  be  used.  (§6446.) 

[Acts  1891,  p.  111.    Approved  March  5,  1891.] 

211.  Doors  Must  Swing  Outward.  243.  Whoever,  being  the  owner 
i  anager,  lessee,  trustee,  or  person  having  the  charge  qf  any  theater,  opera- 
1  )use,  museum,  college,  seminary,  church,  schoolhouse,  or  other  public 
1  nilding,  refuses  or  neglects  to  cause  all  the  doors  thereof,  constructed  for 
1  le  purpose  of  ingress  and  egress,  whether  inner  or  outer  doors,  to  be  so  hung 
1  lat  the  same  shall  swing  outwardly,  siiall  be  fined  in  any  sum  not  exceeding 
<  ne  thousand  dollars  nor  less  than  ten  dollars,  to  which  may  be  added  im- 
risonment  in  the  county  jail  for  any  period  not  exceeding  six  months:  Pro- 
;  ided,  That  this  section  shall  not  apply  to  the  outer  doors  of  one-story  churches 
;  nd  schoolhouses.  ( §2688.) 

215.      Schools — Sanitary   Buildings.      1.     That  after  the  going  into 
•ffeet  of  this  act  all  schoolhouses  which  shall  be  constructed  or  remodeled 

»;ball  be  constructed  in  accordance  and  conform  to  the  following  sanitary 
>rin?iples,  to  wit: 

(a)  Sites.    All  sites  shall  be  dry,  and  such  dra  nage  as  may  be  necessary 
•  •ure  and  maintain  dry  grounds  and  dry  buildings,  shall  be  selected  and 

supplied.  Said  site  and  said  buildings  or  any  additions  to  present  buildings, 
shall  not  be  nearer  than  five  hundred  (500)  feet  to  any  stream  or  inter'irban 
railroad,  or  livery  stable,  except  in  the  case  of  vocational  schools,  and  except 
in  '  ases  where  the  limitation  shall  be  waived  on  approval  of  tte  superintendent 
of  public  instruction  and  secretary  of  the  state  board  of  health;  or  nearer- 
than  five  hundred  (500)  feet  to  any  horse,  mule  or  cattle  barn  used  for  breed- 
ing purposes;  or  any  noise-making  industry  or  any  unhealthful  conditions. 
And  when  such  school  building  or  school  site  is  so  located  and  established 
no  livery  stable,  horse,  mule  or  cattle  barn  used  for  breeding  purposes,  or  any 
noise- making  industry  or  any  unhealthful  conditions  shall  thereafter  be 
constructed,  erected  or  maintained  within  five  hundred  (500)  feet  of  any 
school  building,  school  site  or  school  grounds.  Good  dry  walks  shall  lead 
from  the  street  or  road  to  every  schoolhouse  and  to  all  outhouses,  and  suitable 
playgrounds  shall  be  provided. 

(b)  Buildings.    School-buildings  if  of  brick  shall  have  a  stone  foundation, 
or  the  foundation  may  be  of  brick  or  concrete:     Provided,  A  layer  of  slate, 
stone  or  other  impervious  material  be  interposed  above  the  ground  line,  or 
the  foundation  may  be  of  vitrified  brink  and  the  layer  of  impervious  material 
will  not  be  required.     Every  two-story  snhoolhouse  shall  have  a  dry,  well- 
lighted  basement  under  the  entire  building,  said  basement  to  have  cement 
or  concrete  floor,  and  ceiling  to  be  not  less  than  ten  (iO)  feet  above  the  floor 


y 


122  SCHOOL    LAWS    OF    INDIANA 

level.  The  ground  floor  of  all  schoolhouses  shall  be  raised  at  least  three  (3) 
feet  above  the  ground  level  and  have,  when  possible,  dry  well-lighted  base- 
ment under  the  entire  building  and  shah1  have  solid  foundation  of  brick, 
tile,  stone  or  concrete,  and  the  area  between  the  ground  and  the  floor  shall 
be  thoroughly  ventilated.  Each  pupil  shall  be  provided  with  not  less  than 
225  cubic  feet  of  space,  and  the  interior  walls  and  the  ceiling  shall  be  either 
painted  or  tinted  some  neutral  color,  as  gray,  slate,  buff  or  green. 

(c)  Lighting  and  Seating.    All  schoolrooms  where  pupils  are  seated  for 
study  shall  be  lighted  from  one  side  only,  and  the  glass  area  shall  be  not  less 
than  one-sixth  of  the  floor  area,  and  the  windows  shall  extend  from  not  less 
than  four  (4)  feet  from  the  floor  to  at  least  one  foot  from  the  ceiling,  all 
windows  to  be  provided  with  roller  or  adjustable  shades  of  neutral  color,  as 
blue,  gray,  slate,  buff  or  green.     Desks  and  desk  seats  sJiall  preferably  be 
adjustable  and  at  least  twenty  per  cent  (20%)  ot  all  desks  and  desk  seats  in 
each  room  shall  be  adjustable  and  shall  be  so  placed  that  the  light  shall  fall 
over  the  left  shoulders  of  the  pupils.    For  left  handed  pupils  desks  and  seats 
may  be  placed  so  as  to  permit  the  light  to  fall  over  the  right  shoulder. 

(d)  Blackboards  and  Cloakrooms.     Blackboards  shall  be  preferably  ot 
slate,  but  of  whatever  material,  the  color  shall  be  a  dead  black.    Cloakiooms, 
well  lighted,  warmed  and  ventilated,  or  sanitary  lockers,  shall  be  provided  for 
each  study  schoolroom. 

(e)  Water  Supply  and  Drinking  Arrangements.     All  school  houses  shall 
be  supplied  with  pure  drinking  water,  and  the  water   -upply  shall  be  from 
driven  wells  or  other  sources  approved  by  the  health  authorities.  Only  smooth, 
stout  glass  or  enameled  metal  drinking  cups  shall  be  used;  water  buckets 
and  tin  drinking  cups  shah1  be  unlawful  and  are  forbidden;  and  whenever  it 
is  practicable,  flowing  sanitary  drinking  fountains  which  do  not  require  drink- 
ing cups  shall  be  provided.    All  s?hoolhouse  wells  f  nd  pumps  shall  be  supplied 
with  troughs  or  drains  to  take  awav  waste  water,  and  under  no  conditions, 
shall  pools  or  sodden  places  or  small  or  large  mudholes  be  allowed  to  exist 
near  a  well.    When  water  is  not  supplied  at  pumps  or  from  water  faucets  or 
sanitary  drinking  fountains  then  covered  tanks  or  coolers  supplied  with 
spring  or  self-closing  faucets  shall  be  provided. 

(f)  Heating  and  Ventilation.    All  s^hoolhouses  hereafter  constructed  or 
remodeled,  shall  be  supplied  with  heating  and  ventilating  systems.     Fresh 
ah*  shall  be  taken  from  outside  the  building  and  properly  diffused  without 
draughts,  through  each  schoolroom  during  school  session.     Each  schoolroom 
shall  be  supplied  with  foul  air  flues  ot  ample  size  to  withdiaw  the  foul  air 
therefrom  at  a  minimum  rate  of  eighteen  hundred  (1,800)  cubic  feet  per  hour 
for  each  two  hundred  and  twenty-five  (225)  cubic  feet  of  said  schoolroom 
space,  regardless  of  outside  atmospheric  conditions;  and  heaters  of  all  kinds 
shall  be  capable  of  maintaining  a  temperature  of  seventy  (70)  degrees  Fahren- 
heit in  all  schoolrooms,  halls,  office  rooms,  laboratories  and  manual  training 
rooms,  in  all  kinds  of  weather,  and  maintaining  in  each  s*  hool  room  a  relative 
humidity  of  not  less  than  forty  per  cent:    Provided,  That  when,  artificial  ven- 
tilation, by  use  of  fan  or  blower,  is  adopted,  the  provision  as  to  entrance  of 
resh  air  shall  be  from  outside  of  the  building. 


SCHOOL    LAWS    OF   INDIANA  123 


It  is  hereby  made  lawful  for  any  township  trustee,  board  of  school  trustees 
a'  d  boards  of  school  commissioners  to  establish  and  maintain  open  air  schools, 
a;  d  when  such  open  air  schools  are  established  the  provisions  of  this  act 
g<  verning  heating  and  ventilation  shall  not  apply  to  such  open  air  school 

r-    >ms. 

(g)     Water-Closets  and  Outhouses.    Water-closets,  or  dry  closets  when 

I   ovided.  shall  be  efficient  and  sanitary  in  every  particular  and  furnished  with 

>   ills  for  each  hopper  or  place;  and  when  said  water  or  dry  closets  are  not 

1  -ovided,  then  sanitary  outhouses,  well  separated  for  the  sexes,  shall  be  pro- 

A  ded.    Good  dry  wralks  shall  lead  to  all  outhouses  and  screens  or  shields  be 

I  lilt  in  front  of  them.    Outhouses  for  males  shall  have  urinals  arranged  with 

s  alls  and  with  conduits  of  galvanized  iron,  vitrified  drain  pipe,  or  other 

i  apervious  material,  draining  into  a  sewer  vault  or  other  suitable  place 

{  pproved  by  the  health  authorities.    Any  agent,  person,  firm,  or  corporation, 

;•  tiling,  trading  or  giving  to  any  township  trustee,  school  trustee  or  board  of 

f  jhool  commissioners,  any  materials,  supplies,  sanitary  apparatus  or  sytems, 

1  hich  when  constructed  or  remodeled  or  installed,  in  or  for  any  schoolhouse, 

]  ereafter  constructed  or  remodeled,  which  does  not  in  all  respects  comply 

ilh  the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor  and  upon 

•  onviction  thereof,  shall  be  fined  in  any  sum  not  more  than  five  hundred 

lollars  ($500.00),  to  which  may  be  added  imprisonment  in  the  county  jail 

or  any  determinate  period  not  more*than  six  (6)  months  and  shall  be  punished 

>y  a  further  fine  of  not  less  than  five  dollars  ($5.00)  for  each  day  he  shall 

ail  to  comply  with  any  order  of  any  court  having  jurisdiction  for  the  correc- 

ion  of  any  such  defects  in  such  schoolhouses  hereafter  constructed  or  remod- 

•led;  and  any  money  claim  for  the  construction  or  remodeling,  or  for  any 

null-rials,  supplies,  sanitary  apparatus  or  systems  furnished  or  constructed  in 

)r  for  any  schoolhouse  hereafter  constructed  or  remodeled,  which  does  not 

;ii  every  way  and  in  all  respects  comply  with  the  requirements  of  this  act, 

•shall  be  null  and  void.     (Acts  1915,  p.  94.) 

The  act  of  1911,  prohibiting  the  erection  of  schoolhouses  nearer  than  500  feet  of  a 
steam  railroad,  applies  only  to  sites  that  are  acquired  after  the  taking  effect  of  the  act. — 
School  Corporation  v  H.-inry.  178  Ind.  1 ;  98  N.  E.  628. 


[Acts  1911,  p.  118.] 


216.       Temperature — Uncleanliness — Teachers — Penalties.       2. 

Whenever,  from  any  cause,  the  temperature  of  a  school  room  falls  to  60 
drirn-i-<  Fahrenheit  or  below,  without  the  immediate  prospect  of  the  proper 
temperature,  namely,  not  less  than  70  degrees  Fahrenheit,  being  attained, 
the  teacher  shall  dismiss  the  school  until  the  fault  is  corrected;  and  it  shall 
also  be  the  duty  of  all  teachers  to  immediately  send  home  any  pupil  who  is 
perceptibly  ill  in  any  way,  or  who  is  unclean  and  emits  offensive  bodily  odors 
or  who  is  infested  with  lice  or  other  vermin;  and  the  truant  officer  shall 
arrest  and  prosecute  parents  or  guardians  who  do  not  rid  their  children  of 
vermin  and  bodily  uncleanliness,  when  notified  to  do  so.  Refusal  of  parents 
or  guardians  to  free  their  children  or  wards  of  vermin  or  to  bathe  and  cleanse 
them,  making  them  fit  to  go  to  school,  shall  be  punished  by  a  fine  of  not  less 
than  five  dollars  and  imprisonment  for  ten  days  or  both.  And  if  the  refusal 
or  nt-jrlei-i  oi  parents  or  guardians  to  bathe  and  cleanse  their  children  or 
wards  makes  it  necessary,  then  the  truant  officer,  upon  order  of  the  school 


124  SCHOOL   LAWS    OF   INDIANA 

authorities,  shall  have  it  done,  the  cost  to  be  paid  by  the  school  authorities 
from  the  school  funds.  Whenever  d  ptheria,  scarlet  fever  or  other  contagious 
and  infectious  diseases  break  out  in  any  school,  it  shall  be  the  duty  of  the 
township  trustee,  school  board,  school  trustee,  or  the  school  authority  or 
authorities  having  control,  to  have  medical  inspection  made  of  the  pupils, 
and  all  found  in  any  degree  ill,  shall  be  sent  home  and  there  retained  until 
the  local  health  officer  gives  a  certificate  of  health,  then  such  child  may  be 
again  admitted  to  school.  It  shall  be  unlawful  for  school  authorities  to  em- 
ploy teachers  or  janitors  who  are  not  able-bodied  or  who  are  addicted  to 
drugs  or  intemperate  or  who  has  tuberculosis  or  syphilis.  All  school  houses 
shall  be  specially  cleaned  and  disinfected  each  year,  before  they  are  used  for 
school  purposes.  The  cleaning  shall  consist  in  first  sweeping,  then  scrubbing 
the  floors,  washing  the  windows  and  all  woodwork,  including  the  wooden 
parts  of  seats  and  desks,  and  the  disinfecting  shall  be  done  in  accordance 
with  the  rules  of  the  state  board  of  health.  Township  trustees,  school 
boards  and  boards  of  school  commissioners  who  neglect  or  refuse  to  obey  the 
provisions  of  this  section,  shall  be  fined  in  any  sum  of  not  less  than  ten  nor 
more  than  one  hundred  dollars,  and  each  said  refusal  or  neglect  shall  consti- 
tute a  separate  offense.  (§6616b.) 

217.  Hygiene   and   Sanitary    Science — Printed   Data.       3.      There 
shall  be  taught  in  each  year  in  the  fifth*  grade  of  every  public  school  in  In- 
diana, the  primary  principles  of  hygiene  and  sanitary  science,  and  especially 
shall  instruction  be  imparted  concerning  the  principal  modes  by  which  each 
of  the  dangerous,  communicable  diseases  are  spread,  and  the  best  sanitary 
methods  for  the  restriction  and  prevention  of  each  such  disease.     Hygiene 
may  also  be  taught  in  other  grades  at  the  will  of  school  authorities.    The  state 
health  commissioner  and  the  state  superintendent  of  public  instruction  shall 
jointly  write,  compile  or  originate  printed  data  in  leaflet  form,  setting  forth 
as  plainly  as  possible,  the  primary  principles  of  hygiene  and  sanitary  science, 
and  information  concerning  the  prevention  of  diseases,  and  supply  the  same 
to  all  county  superintendents,  and  said  superintendents  shall  supply  all  the 
schools  in  their  respective  counties  and  see  to  it  that  teachers  do  not  fail  to 
comply  with  this  section:     Provided,  That  for  all  cities  and  towns  having 
school  superintendents,  the  said  leaflets  and  pamphlets  shall  be  sent  direct 
to  such  superintendents,  who  shall  see  to  it  that  teachers  comply  with  this 
section.     The  state  printing  board  shall  publish  from  its  funds  all  health 
leaflets  or  pamphlets  as  are  herein  provided  for,  and  shall  also  pay  the  cost 
of  distribution  of  the  same  to  the  rounty,  city  or  town  superintendents,  from 
the  state  printing  funds.    ( §6616c.) 

218.  Schools — School    Officers — Powers       4.      For   the   purpose   of 
enforcing  this  act  and  making  it  practical,  township  trustees,  boards  of  school 
trustees  and  boards  of  school  commissioners  shall  have  the  ;;ower,  and  it  is 
herewith  made  lawful  for  said  trustees  and  said  boards  to  mak'e  a  levy  rot  to 
exceed  fifteen  cents  (15  cents)  on  each  one  hundred  dollars  ($100),  the  sum  thus 
raised  to  be  added  to  the  special  school  fund,  but  to  be  used  only  for  building 
and  furnishing  of  schoolhouses.    This  levy  shall  not  be  made  unless  plainly 
necessary.    (§6616d.) 


SCHOOL   LAWS    OF    INDIANA  125 

[As  amended,  Acts  1913,  p.  71.J 

219.  Penalty  as  to  Officers.    5.    Any  township  trustee  or  the  members 
of   iny  board  of  school  trustees  or  any  teacher  or  any  person  w^o  violates 
an  •  provision  of  this  act,  except  as  herewith  or  otherwise  provided,  shall 
u]<  m  conviction,  be  fined  not  less  than  $50.00.    (§6616e.) 

[Acts  1911,  p.  141.    Approved  March  2,  1911.1 

220.  Buildings   in   Towns — Use  by  Township.      1.     Whenever  the 
ov  ner  of  a  school  building  located  in  an  incorporated  town  tenders  the  use 
of  the  same  for  school  purposes  for  the  school  year  to  the  trustee  of  the 
t<   vnship  within  which  it  is  located  without  any  charge  or  expense  other  than 
k«  eping  the  same  in  proper  repair  and  condition  during  such  school  year, 
si  3h  trustee  if  he  deem  the  use  of  such  school  building  suitable  and  convenient 
n  ty  use  the  same  for  school  purposes  in  the  same  manner  as  township  school 
I)  ildings  are  now  used  and  the  employment  and  paying  ot  teachers,  the  ad- 
n  ission  of  pupils,  and  conducting  school  in  said  building,  and  the  care  thereof 
si  all  be  governed  by  the  laws  applicable  to  township  schools  located  without 
si  ch  towns.    (§6614a.) 

[Acts  1909,  p.  302.    Approved  March  6,  1909.] 


221.  Buildings — Fire — Means  of  Escape.  1.  Every  building  now  or 
h  3reafter  used  in  whole  or  in  part  as  a  public  building,  public  or  private  in- 
*  ilution,  sanitarium,  surgical  institute,  asylum,  school  house,  dormitory, 
<•  iiirf'h,  theater,  public  hall,  place  of  assemblage  or  place  of  public  resort, 
a  id  every  building  in  which  persons  are  employed  above  the  second  story  in 
a  factory,  workshop,  or  mercantile  or  other  establishment,  and  every  hotel, 
f  tmily  hotel,  apartment  house,  boarding  house,  lodging  house,  club  house  or 
t  •ncnicnt  house,  in  which  persons  reside  or  lodge  above  the  second  story, 
a  nd  every  factory,  work  hop,  mercantile  or  other  establishment  of  more  than 
two  stones  in  height,  shall  be  provided  with  proper  ways  of  egress  or  means 

<  f  escape  from  fire,  sufficient  for  the  use  of  all  persons  accommodated,  as- 
sembled, employed,  lodged  or  residing  in  such  buildings,  and  such  ways  of 

<  gress  and  means  of  escape  shall  be  kept  free  from  obstruction,  in  good  repair 
j.nd  ready  for  use  at  all  times,  and  all  rooms  above  the  second  story  in  such 
building  shall  be  provided  with  more  than  one  way  of  egress  or  escape  from 
lire,  placed  as  near  as  practicable  at  opposite  ends  of  the  room  and  leading 

o  lire  escape  on  the  outside  of  such  building  or  to  stairways  on  the  inside, 
>n»\  ided  with  proper  railings.    All  outside  doors  subject  to  the  provisions  of 
his  section  shall  open  outward,  and  all  windows  open  outward  or  upward. 
\'o  chairs  or  seats  shall  be  allowed  in  the  aisles  or  passways  of  such  building 
during  any  entertainment  or  service,  or  when  people  are  assembled  therein, 
and  no  one  shall  interfere  with  any  peace  officer  in  attempting  to  enforce  the 
provisions  of  this  act.    The  proscenium,  or  curtain  opening,  of  all  theaters 
shall  have  a  fire-resisting  curtain  of  some  incombustible  material,  and  such 
Curtain  shall  be  properly  constructed  and  shall  be  operated  by  proper  mechan- 
The  certificate  of  the  fire  chief  of  the  city  where  said  building  is  located, 
that  the  provisions  of  this  act  have  been  complied  with,  shall  be 
ma  facie  evidence  of  a  compliance  with  such  requirements.    (§3841.) 


126  SCHOOL   LAWS    OF    INDIANA 

222.  Fire  Escapes,     2.     In  addition  to  the  foregoing  means  of  escape 
from  fire,  all  such  buildings  as  are  enumerated  in  section  1  of  this  act  as  are 
more  than  two  stories  in  height  shall  have  one  or  more  fire  escapes  on  the  out- 
side of  said  building,  as  may  be  directed  by  the  fire  chief  aforesaid,  except  in 
such  cases  as  said  fire  chief  may  deem  such  fire  escape  to  be  unnecessary  in 
consequence  of  adequate  provisions  having  been  already  made  for  tlie  [sic] 
safety  in  event  of  fire,  and  in  such  cases  of  exemption  the  said  fire  chief  shall 
give  the  owner,  lessee  or  occupant  of  said  building  a  written   certificate   to 
that  effect  and  his  reasons  therefor,  and  such  fire  escapes  as  are  provided  for 
in  this  sec  ;ion  shall  be  constructed  according  to  specifications  issued  by  [the] 
state  department  of  inspection  and  accepted  by  the  chief  inspector,  or  ap- 
proved by  the  fire  chief,  and  shall  be  connected  with  each  floor  above  the 
first,  well  fastened  and  secured  by  extending  the  bolts  or  fastenings  entirely 
through  the  walls,  and  of  sufficient  strength,  each  of  which  fire  escapes  shall 
have  landings  or  balconies  guarded  by  iron  railings  not  less  than  three  feet 
in  height,  and  embracing  one  or  more  windows  at  eac*i  story  and  connecting 
with  the  interior  by  easily  accessible  and  unobstructed  openings;  and  all  the 
balconies  or  landings  shall  be  connected  by  iron  stairs,  placed  at  a  slant  of 
not  more  than  forty-five  degrees,  protected  by  a  well  secured  hand  rail  on  both 
sides,  with  a  sixteen-inch-wide  drop  ladder  from  the  lower  platform,  reaching 
to  the  ground;  except  in  cases  pf  school  buildings  iron  stairs  shall  extend  to 
a  ground  landing,  and  no  telegraph,  telephone,  electric  light  poles,  trees  or 
wire,  signs  or  other  obstructions  shall  interfere  with  the  construction  and  use 
of  any  fire  escape.    ( §3842.) 

223.  Plan  of  Escapes — Approval.    3.    Any  other  plan  or  style  of  fire 
escape  shall  be  sufficient  if  approved  by  the  chief  inspector,  but  if  not  so  ap- 
proved the  chief  inspector  may  notify  the  owner,  proprietor  or  lessee  of  such 
establishment  or  of  the  building  in  which  such  establishment  is  conducted, 
or  the  agent  or  superintendent,  or  school  officer,  or  either  of  them,  in  writing 
that  any  sucb  plan  or  style  of  fire  escape  is  not  sufficient,  and  may  by  an 
order  in  writing,  served  in  like  manner,  require  one  or  more  fire  escapes  as 
he  shall  deem  necessary  and  sufficient  to  be  provided  for  such  establishment 
at  such  location,  and  [of]  such  plan  and  style  as  shall  be  specified  in  such 
written  order.    Within  twenty  days  after  the  service  of  such  order  the  number 
of  fire  escapes  required  in  such  order  for  such  establishment  shall  be  provided 
therefor,  each  of  which  shall  be  of  the  plan  and  style  in  accordance  with  the 
specifications  in  said  order  required.    The  windows  or  doors  to  each  fire  es- 
cape shall  be  of  sufficient  size  and  be  located,  as  far  as  possible,  consistent  with 
accessibility  from  the  stairways  and  elevators,  hatchways  or  openings,  and 
the  ladder  thereof  shall  extend  to  the  roof.    Stationary  stairs  or  ladders  shall 
be  provided  on  the  inside  of  such  establishment  from  the  upper  story  to  the 
roof  as  a  means  of  escape  in  case  of  fire.    (§3843.) 

224.  Penalties.     6.     The  owner  or  owners  of  any  hotel  designated  in 
this  act,  whether  individual,  firm  or  corporation,  or  the  lessee  or  occupant 
thereof,  or  any  school  officer  having  charge  of  public  property,  who  neglects 
or  refuses  to  comply  with  any  of  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor  and  punished  by  fine  not  exceeding  two  hundred 
dollars  ($200),  to  which  may  be  added  imprisonment  in  the  county  jail  of 
[for]  not  less  than  one  month,  or  [nor]  more  than  six  months;  and  in  case  of 


SCHOOL    LAWS    OF   INDIANA  127 


fir  occurring  in  said  building  or  buildings  in  the  absence  of  such  fire  escape, 
or  3scapes,  the  said  person  or  persons  or  corporation  or  public  officials  snail 
•  lx  liable  in  an  action  for  damages  with  a  penalty  of  five  thousand  dollars 
(£  ,000)  for  the  life  of  each  person  killed,  in  case  of  death,  or  for  damages 
fo  personal  injuries  sustained  in  consequence  of  such  fire  breaking  out  in 
sa  d  building,  and  shall  also  be  deemed  guilty  of  a  misdemeanor  punishable 
b;  imprisonment  for  not  less  than  six  months  nor  more  than  twelve  months 
in  the  county  jail,  and  said  action  for  damages  may  be  maintained  by  any 
p«  -son  now  authorized  by  law  to  sue  as  in  other  cases  of  similar  injuries. 
0 


225.  Inspectors  —  Duties  —  Penalty.     7.     It  is  hereby  made  the  duty 

0  the  chief  inspe<  tor  or  his  deputies  or  their  assistants  in  every  city  or  town 
\\  iere  t  here  are  fire  companies,  and  every  township  trustee  in  townships  where 
tl  ere  are  buildings  coming  under  the  provisions  of  this  act  and  where  there 
a  e  no  fire  chiefs  in  said  township,  to  see  that  the  provisions  of  this  act  are 
p  forced,  and  for  this  purpose  they  or  their  assistants  or  deputies  shall  have 
fj  3e  access  at  all  hours  to  all  buildings  embraced  herein.    If  at  any  time  any 
fi  'e  chief  is  informed  by  any  person  or  has  knowledge  that  any  owner  or  owners 
</    any  hotel  or  lodging  house,  as  above  provided,  has  not  Complied  with  the 

1  •<»  visions  of  this  act,  he  or  they  shall  at  once  give  written  notice  to  said  owner 

0  •  owners  of  said  hotel  or  lodging  house  to  Comply  with  the  terms  of  this  a<4t, 
a  id  if  at  the  expiration  of  thirty  (30)  days  said  owner  or  owners,  as  aforesaid, 
s  lall  not  have  f  omplied  with  the  provisions  of  this  act,  said  fire  ohief  or  trustee 
s  )all  institute  proceedings  in  any  court  of  f  omretent  jurisdiction  against 
s  lid  owner  or  owners  of  said  hotel  01  lodging  house:    Provided,  however,  That 

1  othing  contained  herein  shall  prevent  any  -dtuens  of  said  State  of  mdiana 
f-om  instituting  proceedings  against  said  owner  or  owners  of  any  hotel  or 
1  >dging  house  if  said  person  [or  persons]  charged  with  the  duty  of  enforcing 
this  act  shall  fail  or  refuse  to  do  their  duty:    Provided,  That  if  [the]  owner  or 
(  wners  of  any  such  building  fail  to  "omply  with  the  provisions  of  this  act, 
the  lire  chief  or  trustee,  after  thirty  (30)  days'  notice  to  the  occupants  of  said 
i  in  i  I  ding,  may  proceed  to  furnish  and  equip  such  building  with  fire  escape 
;  n<l  all  the  necessary  ropes  and  appliances  for  the  protection  of  human  life, 
;^  provided  in  section  5  of  this  act,  and  shall  make  a  sworn  statement  of  the 
i  toot  of  said  improvement  and  tile  same  with  the  recorder  of  the  county  wherein 

he  said  building  is  situated,  and  the  amount  of  said  claim  shall  be  a  lien  on 
said  property  and  shall  be  foreclosed  as  mechanic's  liens  are  foreclosed,  and 
;hall  be  governed  by  the  same  rules  relating  thereto.  Said  sworn  statement 
<hull  be  filed  by  said  fire  chief  or  trustee  within  sixty  (60)  days  from  the  time 
that  said  work  of  equipping  such  building  is  completed.  Any  fire  chief  or 
other  officer  or  persons  charged  within  [with]  the  duties  imposed  upon  such 
chief  in  this  a?t,  who  shall  wilfully  or  negligently  fail  to  do  his  [their]  duty  in 
compliance  with  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  any  sum  not  less  than  twenty 
dollars  ($20)  nor  more  than  one  thousand  dollars  ($1,000).  (§3847.) 

226.  Township  Trustee  —  Duties.    9.     in  all  places  where  there  is  no 
fire  chief  the  trustee  of  the  township  wherein  any  such  buildings  are  situated, 

in  this  act  provided  and  described,  shall  do  and  perform  all  the  duties 


128  SCHOOL    LAWS    OF    INDIANA 

otherwise  required  of  said  fire  chiefs,  and  be  subject  to  all  penalties  provided 
in  this  act.    (§3847b.) 

227.  State   Fire   Marshal — Schools — Teachers — Compulsory   Fire 
Drill.    14.    It  shall   be  the   duty   of  the   state  fire  marshal,  his  deputies 
and  assistants  to  require  teachers  of  public  and  private  schools  and  educa- 
tional institutions  to  have  one  fire  drill  each  month  and  to  keep  all  doors  and 
exits  unlocked  during  school  hours.    (§7441n.) 

228.  Penalty.     15.    Any  officer  referred  to  in  this  act  who  neglects  to 
comply  with  any  of  the  requirements  hereof  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars,  nor  more  than  one  hundred  dollars,  for  each  neglect  or  violation  and 
in  default  of  the  payment  thereof  shall  be  imprisoned  not  to  exceed  thirty 
days.    (§7441o.) 

229.  Fines  Paid  to  State  Treasurer.     16.     All  penalties,  fees  or  for- 
feitures collected  under  the  provisions  of  this  act  shall  be  paid  into  the  treas- 
ury of  the  state  for  the  benefit  of  the  state  fire  marshal  fund.    (§7441p.) 

[Acts  1917,  p.  92.] 

230.  Fire  Drills— Report.     1.    That  it  shall  be  the  duty  of  all  boards 
of  school  trustees,  boards  of  school  commissioners  and  township  trustees, 
and  all  teachers  in  the  public  schools  of  this  state  where  any  such  schools  have 
more  than  one  room,  to  give  at  least  one  (1)  fire  drill  during  each  month  such 
school  is  in  session.    It  shall  be  the  duty  of  the  superintendents  or  principals 
of  such  schools  and  of  the  individual  teachers  in  case  no  superintendent 
or  principal  is  employed  in  such  schools,  to  certify  to  the  city  or  town  board 
of  school  trustees  or  commissioners  or  to  the  township  trustee,  employing 
such  superintendent,  principal  or  individual  teachers,  that  fire  drills  have 
been  held  as  above  provided,  before  such  superintendent,  principal  or  indi- 
vidual teacher  shall  be  entitled  to  receive  his  or  her  salary  for  any  month. 

231.  Duty   of  School   Trustees  or  Commissioners.     2.     It  shall  be 
the  duty  of  the  board  of  school  trustees  or  commissioners  of  the  city  or  town, 
or  of  the  township  trustee,  as  the  case  may  be,  to  require  such  superintendent, 
principal  or  individual  teacher  to  file  with  said  board  or  trustee  a  certified 
statement  that  such  drills  have  been  held  as  above  provided  before  issuing 
warrants  for  the  payment  of  such  superintendent's,  principal's  or  individual 
teacher's  salary  or  any  part  thereof. 


SCHOOL    LAWS    OF    INDIANA 


129 


CHAPTER  X. 
TUBERCULOSIS. 


SEC. 

232.      Tuberculosis  infectious — Disease. 


SEC. 

233.     Penalty. 


[Acts  1917,  p.  552.] 

:  32.  Tuberculosis  Infectious — Disease.  1.  That  tuberculosis  being 
her*  by  declared  to  be  an  infectious  and  communicable  disease  dangerous  to 
the  ;>ublic  health,  it  shall  be  the  duty  of  every  practicing  physician  in  this 
stai  -  to  report  the  name  and  address  of  every  person  known  by  him  to  be 
nf«  -ted  with  tuberculosis,  to  the  health  officer  of  the  city,  town  or  county 
in  v  hich  such  person  resides  within  five  (5)  days  after  such  fact  comes  to  the 
kno  vledge  of  the  physician;  it  shall  also  be  the  duty  of  the  chief  officer  having 
eha  £e  for  the  time  being  of  any  hospital,  dispensary,  asylum  or  other  similar 
prn  ate  or  public  institution  to  report  the  name,  age,  sex,  color,  occupation, 
pla<  c  where  last  employed  if  known  and  the  home  address  of  every  person 
ha\  ng  tuberculosis  who  comes  under  his  care  or  under  his  observation  within 
five  (5)  days  after  such  fact  comes  to  his  knowledge,  to  the  health  officer  of 
the  city,  town  or  county  from  which  such  patient  comes;  and  it  shall  be  the 
duty  of  every  authorized  school  physician  to  report  the  name,  age,  sex,  color, 
school  and  home  address  of  every  school  child,  teacher  or  school  janitor, 
having  tuberculosis,  who  comes  under  his  observation  in  the  performance  of 
his  hi  ties  in  connection  with  the  medical  inspection  of  schools  within  five  (5) 
day  s  after  such  fact  comes  to  his  knowledge,  to  the  health  officer  of  the  city, 
town  or  county  in  which  such  child,  teacher  or  janitor  resides. 

£33.  Penalty.  6.  Any  physician,  any  chief  officer  having  charge  of 
any  hospital,  dispensary,  asylum  or  other  similar  private  or  public  institution, 
any  authorized  school  physician,  any  city,  town  or  county  health  officer, 
or  ;  ny  owner,  agent  or  any  other  person  violating  any  provision  of  this  act 
sha  1  be  guilty  of  a  misdemeanor  and  shall,  on  conviction  thereof,  be  fined  not 
jess  tli an  ten  dollars  ($10)  nor  more  than  fifty  dollars  ($50). 


8554—9 


130 


SCHOOL   LAWS    OF    INDIANA 


CHAPTER  XI. 
JOINT  AND  CONSOLIDATED  SCHOOLS. 


SEC. 

234.  Joint  school  district — Petition. 

235.  Expense  of  establishing — Control  of 

school. 

236.  Expense  of  maintenance. 

237.  Joint  graded  schools. 

238.  Schoolhouse  for  several  townships. 

239.  Cost  of  erecting. 

240.  Advisory  board — Emergency. 

241.  Schools — City  and  township — Joint 

graded  school. 

242.  Ballots — Election  method. 

243.  Cost  of  construction — Tax  levy — 

Bonds  issued. 

244.  Joint  ownership  of  property. 

245.  Towns  and   townships — Power   to 

contract  to  maintain  joint  schools. 

246.  High  school  district. 

247.  District — Determining    the    terri- 

tory. 

248.  Schools — High     school     district — 

Control. 

249.  Expenses — Apportionment. 

250.  Warrants. 

251.  Withdrawal. 

252.  Other  acts  not  repealed. 

253.  Schools — Joint       township       high 

schools. 


SEC. 

254.  Schools — Township  high  schools — 

How  established. 

255.  Amount    of   taxable    property    re 

quired. 

256.  Petition    for    consolidation — Duty 

of  trustees. 

257.  Control — Abandonment. 

258.  Consolidation   of   schools    author 

ized. 

259.  Elections  separate. 

260.  Manner  and  expense  of  elections. 

261.  Preliminary     control     of     consoli 

dated  schools. 

262.  Board  of  trustees — Non-partisan — 

Election  bond — Salary. 

263.  Duties  and  powers  of  board — Taxes 

264.  New  buildings — Repairs. 

265.  Joint  property. 

266.  Transportation  of  pupils. 

267.  Consolidation  of  town   and  town 

ship  schools. 

268.  Joint  resolution — Special  election — 

Expenses. 

269.  Majority    required — Management 

270.  Cost  apportioned — Transportatior 

of  pupils — New  building. 

271.  Payment  of  previous  indebtedness 


[Acts  1901,  p.  53.     Approved  February  28,  1901.] 

234.  Joint  School  District — Petition.  1.  The  trustees  of  two  o 
more  adjacent  school  corporations  may  establish  a  new  school  district  am 
build  a  school  house  therein  at  the  joint  expense  of  their  several  corporations 
whenever,  in  their  judgment,  it  shall  appear  necessary  for  the  better  accom 
modation  of  the  people  of  then*  respective  corporations.  Provided,  Tha 
such  necessity  must  be  set  forth  in  a  petition  of  the  persons  making  the  re 
quest,  such  petition  to  be  presented  to  each  of  said  trustees.  And  saic 
trustees  shall,  at  the  time  agreed  upon  by  them,  not  less  than  ten  days  no 
more  than  thitty  days  from  the  time  of  receiving  such  petition,  hold  a  join 
meeting  for  the  purpose  of  declaring  whether  such  petition  shall  be  grantee 
and  take  further  action  as  the  case  may  require.  (§6620.) 

1.  NOTE.  An  appeal  lies  to  the  county  superintendent  by  the  petitioners  if  th 
trustees  do 'not  grant  the  petition;  but  such  superintendent  can  not  direct  one  trustee 
where  the  other  disagrees  with  him,  to  make  the  selection  of  a  site  for  the  school  house 
nor  to  purchase  a  lot  without  his  consent. — Henricks  v.  State,  151  Ind.  454.  See  als 
Henricks  v.  State,  156  Ind.  185. 


SCHOOL    LAWS    OF    INDIANA  131 


2  J5.  Expense  of  Establishing — Control  of  School.  2.  Each  cor- 
pora ion  shall  b«-ar  such  part  of  the  expense  of  establishing  such  joint  district 
scho  -1  as  the  number  of  children  of  school  age  residing  in  each  corporation  and 
atta  hing  themseh -es  to  said  new  district  at  the  time  of  the  formation,  bears 
to  ti  e  whole  number  of  -children  of  school  age  who  are  attached  to  said  dis- 
sriet  at  its  formation  and  each  corporation  shall  assume  its  share  of  the  debt 
to  ii  mired.  But  when  said  school  shall  be  established  it  shall  be  controlled 
by  1  e  corporation  in  which  it  is  established  in  the  manner  already  prescribed 
by  i  iw.  (§6621.) 

:36.  Expense  of  Maintenance.  3.  The  children  of  school  age 
resl  en  t  in  a  joint  district  already  established  or  hereafter  established  shall 
be  ;  dmitted  to  the  joint  school  maintained  therein,  without  transfer  cer- 
tifir  tes  or  tuition  charge.  The  trustees  of  the  various  corporations  from 
wlii  h  the  joint  district  is  made  shall  pay  such  part  of  the  cost  of  maintain- 
ing he  joint  school  as  the  number  of  pupils  enrolled  from  each  corporation 
In -a  s  to  the  whole  number  enrolled  in  the  joint  school.  (§6622.) 

[Acts  1873,  p.  76.     Approved  March  8,  1873. | 

37.  Joint  Graded  Schools.  13.  The  school  trustees  of  two  or  more 
disi  net  municipal  corporations  for  school  purposes  shall  have  power  to  es- 
tabl  sh  joint  graded  school,  or  such  modifications  of  them  as  may  be  piactic- 
abl<  and  provide  for  admitting  into  the  higher  departments  of  their  graded 
sch<  ols,  from  the  primary  schools  of  their  corporations,  such  pupils  as  are 
snH  -lently  advanced  for  such  admission.  Said  trustees  shall  have  the  care 
and  management  of  such  graded  schools,  and  they  shall  select  the  teachers- 
1  hei rt'c  »r.  They  shall  have  power  to  purchase  suitable  grounds  for  such  graded 
sch.  ols.  and  erect  suitable  buildings  thereon:  and  the  title  to  all  such  prop- 
erty, acquired  for  such  purposes,  shall  vest  jointly  in  the  corporations  es- 
tab  ishing  the  graded  schools.  (§6623.) 

1 .  MANAGEMENT  AND  SUPERVISION.  A  joint  graded  school,  as  to  its  manage- 
men  and  teachers,  is  subject  to  the  same  laws,  rules  and  regulations  as  a  township 
gnu :•  ••!  sehool.  «-xc«-pi  that  it  is  under  the  joint  management  of  the  school  trustees  or 
hot  I  corporations  Hut  the  teachers  should  attend  tin-  institutes  of  the  county  and 
tow M>hip  in  which  the  school  is  situated,  and  should  be  under  the  supervision  of  the 
Mipi  rinterulent  of  that  county. 

:.  I'L-KCIIV-I  01  I'Koi'KHTY.  The  two  corporations  may  purchase  jointly  real 
estate;  and  the  trustees  are  the  sole  judges  of  the  right  to  purchase  property  of  this 
chaiacter.— Craig  School  Tp.  v.  Scott,  124  Ind.  72. 

:;.  MANACKMKNT  OF  JOINT  (.IHADED  SCHOOLS.  The  trustees  act  as  individual 
truMees.  and  do  not  as  a  unit  represent  their  respective  corporations.  A  majority  of 
the  whole  board  of  trustees,  whether  such  majority  come  from  one  corporation  entirely. 
or  f  -otn  tlie  different  corporations  interested,  have  the  power  to  transact  any  and  all 
bu-  Qeas,  including  the  employment  of  teachers  relating  to  such  joint  graded  school. — 
Hanover  School  Tp.  v.  Gant,  125  Ind.  557. 

I.  NKW  STATUTE.  The  above  section  must  be  coastrued  in  connection  with 
section  i  i.< 

~>.  JOINT  <;u\i>Ki>  SCHOOLS. — APPEAL.  An  incorporated  town  and  township  can 
uni  e  and  establish  a  joint  graded  school,  and  it  will  not  bo  necessary  for  the  town  to 
t-xtend  its  limit  -  -<>  a>  to  enclose  the  site  of  the  school  house.  The  town  and  township 
aut  K.rities  have  no  power  to  enter  into  an  agreement  with  an  incorporated  association 
for  sehool  purposes,  that  the  three  shall  run  and  control  one  school,  and  that  such 
association  shall  have  equal  control  over  the  school  with  such  town  and  township 
authorities.  The  control  of  the  public  school  can  not  be  fettered  by  any  private  per- 


132 


SCHOOL   LAWS    OF    INDIANA 


son.  Possibly  an  appeal  will  lie  from  the  decision  of  two  township  trustees  refusing 
to  build  a  joint  graded  school  house.  In  case  two  township  trustees  of  different  coun- 
ties are  petitioned  to  build  such  a  school  house,  the  superintendent  of  that  county  to 
whom  an  appeal  is  first  taken  woxild  have  jurisdiction  of  the  case  to  the  exclusion  of 
the  superintendent  of  the  other  county.  It  is  a  new  question,  but  this  is  my  best 
judgment  in  the  matter. — Baldwin,  Att.-Gen. 

6.  PROPORTIONAL  CONTRIBUTION*.  While  the  section  that  provides  for  the  es- 
tablishment of  joint  graded  schools  by  two  or  more  distinct  corporations  is  silent  as  to 
the  proportion  in  which  each  shall  contribute  to  the  expense,  yet  I  am  of  opinion  that 
their  contributions  should  be  in  proportion  to  the  number  of  pupils  that  they  will  each 
send  to  the  new  school.  Such  is  the  rule  in  the  case  of  joint  district;  schools,  and  I  think 
the  same  reasons  apply  to  joint  schools  of  all  kinds. 

[Acts  1877,  p.  125.    Approved  and  in  force  March  6,  1877.] 

238.  Schoolhouse     for     Several    Townships.      1.     The   trustees    of 
two  or  more  adjacent  counties  or  townships  may  establish  a  new  school 
district,  and  build  a  schoolhouse  therein  at  the  joint  expense  of  their  several 
townships,  whenever,  in  their  judgment,  it  shall  appear  necessary  for  the 
better  accommodation  of  the  people  of  their  respective  townships:     Provided, 
That  such  necessity  must  be  set  forth  in  a  petition  of  the  persons  making  the 
request — such  petition  to  be  presented  to  each  of  said  trustees.     And  said 
trustees  shall,  at  the  time  agreed  upon  by  them,  not  less  than  ten  days  nor 
more  than  thirty  days  from  the  time  of  receiving  such  petition,  hold  a  joint 
meeting,  foi  the  purpose  of  declaring  whether  such  petition  shall  be  gi  anted, 
and  take  such  further  action  as  the  case  may  require.     (§6617.) 

1.  REPEAL.     The  belief  has  prevailed  that  tnis  and  the  next  section  had  been 
either  repealed  or  become  obsolete;  but  the  legislature  in  1903;  by  the  enactment  of 
section  240,  below,  recognized  it  as  being  still  in  force. 

2.  If  one  trustee  purchase  a  schoolhouse  site  without  the  knowledge  and  consent 
of  the  others,  the  latter  can  not  be  compelled  to  contribute  towards  the  construction 
of  a  schoolhouse  upon  such  site. — Henricks  v.  State,  151  Ind.  454;  Henricks  v.  State, 
156  Ind.  185. 

239.  Cost  of  Erecting.     2.     Each  township  shall  bear  part  of  the  ex- 
pense of  establishing  such  joint  district  school  as  the  number  of  children  of 
school  age  residing  in  each  township  and  attaching  themselves  to  said  new 
district  at  the  time  of  the  formation,  bears  to  the  whole  number  of  children 
of  school  age  who  are  attached  to  said  district  at  its  formation;  and  each 
township  shall  assume  its  share  of  the  debt  so  incurred.     But  when  said  school 
shall  be  established,  it  shall  be  supported  by  the  township  in  which  it  is  es- 
tablished, in  the  manner  already  prescribed  by  law.     (§6619). 

1.  TITLE  JOINT.  The  deed  for  the  property  should  be  in  the  name  of  all  the 
corporations  interested,  but  after  the  building  is  completed  and  paid  for  the  partner- 
ship ceases,  and  the  schoolhouse  passes  under  the  control  of  the  trustee  of  the  town- 
ship within  whose  limits  the  house  is  situated. 

[Acts  1903,  p.  431.    Approved  and  in  force  March  10,  1903.] 

240.  Advisory    Board — Emergency.     1.     Whenever    a    majority    of 
the  school  patrons  of  two  or  more  adjoining  school  districts,  located  in  two 
or  more  adjacent  townships,  may  heretofore  have  petitioned,  or  whenever 
they  may  hereafter  petition,  in  substantial  compliance  with  the  provisions 
of  section  1  of  an  act  of  the  general  assembly  of  the  State  of  Indiana,  in  force 
March  6,  1877,  being  section  6001,  Burns'  Rev.  Stat.   1901,   to  the  trus- 
tees of  said  townships  for  the  establishment  of  a  new  school  district  and 


133 


the  '  'ection  of  a  joint  schoolhouse  for  a  joint  or  joint  graded  school,  at  the 
plac  named  in  said  petition,  for  the  accommodation  of  the  school  children 
resid  ng  in  said  school  district,  and  if  said  trustees  shall  have  granted,  or  may 
here  fter  grant,  the  prayer  of  said  petition,  or  if  an  appeal  may  have  been 
tak«  ,  or  may  hereafter  be  taken,  to  the  county  superintendent,  from  the 
dec^  on  of  said  trustees,  refusing  to  grant  the  prayer  of  said  petition,  under 
the  revisions  of  section  6028,  Burns'  Rev.  Stat.  1901,  and  it  on  such 
app<  il  said  superintendent  may  have  granted,  or  may  hereafter  grant,  the 
pra\  -r  of  said  petition,  then,  in  either  of  such  events,  an  emergency  shall  there- 
hy  *  1st  for  the  procurement  of  a  site  and  the  erection  of  such  school  house, 
as  (  mtemplated  by  section  8085f,  Burns'  Rev.  Stat.  1901,  and  if  there 
is  DC  ;  sufficient  money  on  hand  for  the  purpose,  the  trustees  and  the  advisory 
boai  Is  of  said  townships  shall  proceed  to  raise  the  money  necessary  to  meet 
such  emergency,  as  provided  by  said  section,  and  shall  also  procure  the  neces- 
sar\  site  for  the  erection  of  said  schoolhouse  and  erect  and  maintain  the  same 
as  p  -ovided  by  law.  (§6618.) 

[Acts  1911,  p.  463.] 

L.      Schools — City     and     Township — Joint     Graded     School.      1. 

Tha  whenever  twenty-five  (25)  legal  voters  residing  in  any  incorporated 
tow:  or  city  of  the  fifth  class  and  twenty-five  (25)  legal  voters  residing  in  the 
sain  township,  but  outside  said  town  or  said  city  shall  petition  the  school 
boat  1  of  said  town  or  said  city  and  the  township  trustee  of  the  township  in  which 
said  town  or  said  city  is  located  to  erect  a  joint  school  house  for  a  joint  graded 
scho  jl.  or  a  joint  high  school,  or  both,  or  such  modification  thereof  as  may  be 
practicable,  if  shall  be  the  duty  of  the  school  trustee  of  said  town  or  said  city 
and  of  said  township  trustee  or  of  a  majority  of  them  to  call  elections  of  the 
voters  of  the  town  or  city  and  the  voters  of  the  townships  residing  outside 
of  such  town  or  city  respectively,  for  the  purpose  of  determining  whether  a 
majority  of  the  legal  voters  of  each  school  corporation  are  in  favor  of  building 
said  joint  schoolhouse.  Such  elections  of  the  legal  voters  of  the  townships 
out>ide  of  the  town  or  city  shall  be  separate  and  independent.  Said  trustees 
shal  ,  upon  the  filing  of  said  petition,  give  notice  by  publication,  for  three 
sue.  rssive  publications,  in  a  weekly  newspaper,  if  any,  published  in  said 
tow  iship,  and  if  no  weekly  is  published  in  said  township,  then  in  the  nearest 
new> paper  published  in  said  county,  that  on  a  day  to  be  named  by  said 
trustees  tin  polls  will  open  at  the  several  voting  places  in  said  township 
nan  <•<!  in  the  petition  for  the  purpose  of  taking  the  vote  of  the  legal  voters 
tin -icnt*  upon  whether  such  joint  schoolhouse  shall  be  built;  said  elections 
shall  be  Iii-ld  not  less  than  ten  (10)  days  nor  more  than  twenty  (20)  dayi  after 
the  last  publication  of  said  notice.  (§6622a.) 

\-amended  by  Act.  1913,  p.  911.] 

212.  Ballots — Election  Method.  2.  On  the  day  named  in  said 
not  ce  such  polls  shall  be  opened  and  the  votes  of  the  legal  voters  shall  be 
talv-n  upon  the  question  of  building  such  schoolho«.'se,  and  said  election  shall 
be  governed  by  the  general  laws  of  the  state,  so  far  as  they  may  be  applic- 
able, except  as  otherwise  provided  herein.  Said  trustees  shall  constitute 


134 


SCHOOL    LAWS    OF    INDIANA 


the  board  of  election  commissioners  and  they  shall  cause  to  be  prepared  am 
distributed  proper  ballots.     There  shall  be  printed  on  the  ballots  two  sq\r< 
and  words  as  follows: 


YES      For  building  the  schoolhouse. 


NO       For  [Against]  building  the  schoolhouse. 


Each  voter  desiring  to  vote  for  the  building  of  such  joint  school  house  shal 
make  a  cross  with  a  pencil  in  the  square  containing  the  word  "yes,"  and  eacl 
voter  desiring  to  vote  against  the  building  of  such  joint  schoolhouse  shal 
make  a  cross  in  the  square  containing  the  word  "no."  Said  trustee 
appoint  inspectors,  judges  and  clerks  for  such  elections.  The  votes  cast  a1 
such  elections  shall  be  canvassed  at  the  office  of  the  township  trustee  on  tl 
day  following  said  election  at  10  o'clock  a.  m.,  and  a  certificate  of  the  vot 
cast  for  and  against  the  building  of  said  school  house  shall  be  filed  with  sai( 
trustees.  If  a  majority  of  the  votes  cast  at  each  of  such  elections  are  in  favoi 
of  the  building  of  such  joint  school  house,  said  trustees  of  said  school  corpon 
tions  shall  proceed  to  build  the  same,  and  the  township  advisory  board  shal 
make  the  proper  appropriation  for  the  proportionate  part  of  the  cost  of  sai< 
building  to  be  paid  by  said  township.  Said  trustees  shall  provide  a  suitable 
site  for  said  building.  (§6622b.) 

243.  Cost    of   Construction— Tax    Levy— Bonds    Issued.     3.      The 

cost  of  the  construction  of  such  joint  school  house  shall  be  borne  by  such 
school  corporation  in  proportion  to  the  total  amount  of  taxable  property  ii 
each  of  such  school  corporations.    If  such  school  town  or  school  city  shall  not 
have  money  available  to  pay  for  its  proportionate  part  of  the  cost  of  the  coi 
struction  of  said  joint  school  house,  the  school  trustee  of  such  town  or  sue! 
city  may  issue  warrants  or  bonds  of  such  corporation  to  meet  such  propoi 
tionate  cost.     If  there  are  not  sufficient  funds  available  out  of  the  anm 
township  levy  to  meet  the  proportionate  cost  of  said  school  house  to  be  pai( 
by  such  township,  then  the  township  advisory  board  of  such  township  shi 
order  bonds  or  warrants  to  be  issued,  and  the  township  trustee  shall  issi 
township  warrants  or  bonds  to  meet  such  proportionate  cost  to  be  paid  b> 
such  school  township.     Such  bonds  authorized  by  this  act  shall  be  payabl 
in  such  amounts  and  at  such  times  as  the  trustees  of  said  corporations 
spectively  may  determine  and  shall  bear  such  rate  of  interest  as  may  be  d( 
termined,  not  exceeding  four  and  one-half  (4  1-2)  per  cent.     (§6622c.) 

[As  amended  by  Acts  1913,  p.  911.] 

244.  Joint  Ownership  of  Property.     4.     Any  schoolhouse  construct 
ed  under  the  provisions  of  this  act  shall  be  joint  property  of  said  corporatioi 
and  such  property  shall  be  owned  by  such  corporations  in  proportion  to 
amount  paid  by  each  for  the  construction  of  the  same,  and  said  school  shj 
be  open  to  all  pupils  residing  in  said  town  or  city  or  township  free  of  tuitioi 
The  trustee  of  said  school  corporations  shall  have  the  control  and  manage 
ment  of  said  school  house  and  school  and  the  right  to  employ  teachers  in  sucl 


SCHOOL    LAWS    OF    INDIANA 


scho<  I.  Neither  of  said  corporations  shall  ever  be  deprived  of  its  ownership 
in  s:  1  building  except  upon  full  compensation  for  its  proportionate  interest 
in  tl  »  same.  ^iii-JiM.  as  amended  by  Acts  1913,  p.  911.) 

[Acts    1917,   p.    63.] 

2  t5.  Towns  and  Townships — Power  to  Contract  to  Maintain 
.loir  (  Schools.  1.  That  any  incorporated  town  in  this  state,  the  inhabi- 
lant  of  which  do  not  exceed  two  thousand  (2,000)  in  number,  as  shown  by 

the  ist  preceding  general  United  States  census,  having  school  indebtedness, 
by  ji  id  through  its  school  trustees,  and  the  township  trustee  of  the  township 
win  -in  any  such  town  is  situate,  are  hereby  authorized  and  empowered  to 
cont  -act  wit  h  each  other,  on  behalf  of  such  town  and  such  township,  whenever 
ther  are  no  schools  within  such  township  except  those  wholly  within  such 
inco  porated  town,  relative  to  all  matters  pertaining  to  the  use  of  such  schools 
by  ;  1  of  the  inhabitants  of  such  township,  including  the  inhabitants  of  such 
tow  ,  and  relative  to  all  matters  pertaining  to  the  joint  care,  custody,  re- 
pair .  management,  maintenance,  support,  conduct  and  control  of  common 
01-  -  ade  schools  and  high  schools  located  within  the  corporate  limits  of  such 
tow  i,  and  in  any  such  contract  it  may  be  provided  that  the  expense  of  such 
join  care,  custody,  repairs,  management,  maintenance,  support,  conduct 
and  control  of  such  schools  shall  be  borne  pro  rata  by  such  incorporated  town 
and  by  such  township,  in  such  proportion  as  the  assessed  valuation  of  the 
tax;  hie  property  of  such  township,  outside  of  such  town,  bears  to  the  assessed 
vah  ation  of  the  taxable  property  within  such  town. 

[Acts  1911,  p.  475.] 

1!46.  Hijih  School  District.  1.  Any  city  or  incorporated  town 
located  in  any  township  or  townships  in  this  state  and  which  maintains  or 
ma;  hereafter  establish  and  maintain  a  regularly  commissioned  high  school, 
eas}  of  access  and  which  meets  the  requirements  for  high  school  pupils,  may 
establish  and  maintain  jointly  with  any  such  township  or  townships  contig- 
noii-  thereto  or  any  part  thereof  and  any  incorporated  town  located  therein, 
a  huh  school  which  will  furnish  adequate  accommodations  for  the  high  school 
puj.ils  in  the  territory  included  and  the  same  shall  be  constituted  and  known 
as  :i  high  school  district.  (§6623a.) 

217.  District — Determining  the  Territory.  2.  School  commis- 
sior  ers,  boards  of  school  trustees,  township  trustees  or  other  school  officials 
in t«  rented  may  me.-t  and  determine  the  territory  to  be  included  in  such 
hiu:  i  -chool  district;  make  provisions  for  ample  school  building  or  build- 
in-;-  and  equipment,  and  provide  for  the  maintenance  and  support  of  such 
nig  i  schools  as  herein  provided. 

>n>vcd  February  22,  l')i:,      Acts  1915,  p.  21).] 

2l».  Schools— High  School  District— Control.  3.  The  school 
officials  of  any  sudi  township,  townships  and  incorporated  towns  may  au- 
th<  ri/.e  and  enter  into  contract  with  the  school  commissioners  or  board  of 
school  trustees  of  any  such  city  or  incorporated  town  to  provide  such  high 
set  ool  accommodations  for  a  part  or  all  of  their  respective  townships  or  town 


136  SCHOOL    LAWS    OF    INDIANA 

corporations  by  the  purchase  of  grounds,  erection  of  a  building  or  buildings 
or  by  making  repairs  of  present  building  or  additions  thereto,  and  by  equip- 
ping the  same  in  accordance  with  existing  laws  governing  cities  and  towns 
in  such  procedure  including  the  issuing  of  notes  or  bonds  of  their  respective 
corporation  and  the  payment  of  the  same:  Provided,  however,  That  no  con- 
tract by  the  school  officials  of  any  such  township,  townships  and  incorpor- 
ated towns,  shall  be  deemed  to  grant  away  their  right  of  representation  in 
the  control  and  management,  maintenance  and  up-keep  of  such  school  or 
schools  as  may  be  established  or  maintained  by  such  contract;  and  be  it 
Provided,  further,  That  a  board  of  control  for  such  school  or  schools  as  may 
be  established  or  maintained  by  such  contract,  consisting  of  the  township 
trustee  of  each  township  and  the  president  of  the  board  of  school  commis- 
sioners of  each  city  or  town  included  in  such  district  and  a  party  to  such  con- 
tract, shall  have  full  control  and  management  of  such  school  or  schools  as 
may  be  established  or  maintained  by  such  contract,  each  member  being 
entitled  to  an  equal  vote  in  such  control  and  management :  Provided,  fur- 
ther, That  in  case  of  a  tie  vote  on  the  question  of  management  or  control 
of  such  school  or  schools  then  and  in  that  event  the  county  superintendent 
of  the  county  in  which  said  school  is  located  shall  cast  the  deciding  vote  in 
such  control  or  management. 

1.     The   legislature,   Acts    1915,  V    158,  attempted  to  amend  this  section.     The 
Act  referred  to,  however,  has  no  enacting  clause  and  is  therefore  invalid. 

249.  Expenses — Apportionment.     4.     The  school  commissioners  or 
board  of  school  trustees  of  such  cities  and  towns  shall  prepare  and  submit 
annually,  prior  to  the  time  for  the  levy  of  school  taxes  for  any  year,  to  the 
school  officials  of  all  interested  school  corporations  of  said  high  school  district, 
an  itemized  statement  of  the  cost  of  all  expenditures  for  improvements  and 
maintenance  of  such  high  school  or  schools  for  the  previous  year,  with  an 
itemized  estimate  of  the  cost  of  all  proposed  improvements,  changes,  equip- 
ment and  expenses  incidental  thereto  for  the  ensuing  year,  including  any 
notes,  bonds  or  interest  thereon  falling  due  and  issued  under  any  contract 
made  under  the  provisions  of  this  act,  and  such  school  officials  shall  meet 
and  determine  the  expenditures  needed  and  the  total  amount  required  for 
any  unpaid   obligations,   improvements   or  requirements  for  the   ensuing 
fiscal  year  of  such  high  school.     The  total  amount  shall  then  be  apportioned 
among  the  several  school  corporations  affected  or  benefited  thereby  in  pro- 
portion to  the  last  official  assessed  valuation  in  each  of  said  school  corporations 
or  parts  thereof  in  said  high  school  district.     Such  officials  of  each  school 
corporation  shall  pay  out  of  the  school  funds  of  the  township  the  amount 
apportioned  to  their  respective  school  corporations  for  the  maintenance 
of  such  high  school  and  may  issue  notes  or  sell  the  bonds  of  their  respective 
corporations  for  any  permanent  improvements  in  such  high  school  or  pay 
the  same  out  of  the  special  school  fund  in  their  discretion.     The  school  cor- 
poration shall  assess  such  sum  on  the  entire  property  within  the  school  cor- 
poration or  against  the  property  of  that  part  of  the  school  corporation  directly 
benefited.     (§6623d.) 

250.  Warrants.     5.     The  amounts  due  from  any  school  .corporation 
shall  be  paid  on  warrants  issued  by  the  order  of  the  proper  officials  of  such 


SCHOOL    LAWS    OF    INDIANA 


137 


sch<  )1  corporation  to  the  treasurer  of  the  board  of  school  commissioners  or 
boa  d  of  school  trustees  of  such  city  or  town  and  such  funds  shall  be  used 
onl;  for  said  high  school  purposes,  and  no  others.  (§6623e.) 

:  51.  Withdrawal.  «'».  If  any  school  corporation  shall  at  any  time 
wis  to  withdraw  from  said  high  school  district  and  establish  a  separate  high 
sch  ol,  they  shall  receive  from  the  school  corporations  remaining  in  the  said 
di>  -ict  an  equitable  amount  for  their  interest  in  the  property  of  said  high 
scl:  ol  district,  to  be  determined  by  a  board  consisting  of  the  county  superin- 
ter  lent,  county  auditor  and  county  assessor.  The  amount  thereof  shall  be 
pa  1  to  the  corporation  and  the  sum  shall  be  assessed  against  the  remaining 
scl  )ol  corporations  as  other  amounts  are  assessed.  (§6623f.) 

252.  Other  Acts  Not  Repealed.     7.     It  is  the  intent  of  this  act  that 
its  provisions  shall  be  additional  to  any  statutory  provisions  for  the  estab- 
lisl  nient  and  maintenance  of  high  schools.     This  act  shall  not  therefore  be 
coi  strued  to  repeal,  in  whole  or  in  part,  any  other  statute  having  to  do  with 
th<   establishment,  maintenance  or  support  of  public  high  schools,  except  as 
he  ein  provided.     (§6623g.) 

[Acts  1915,  p.  580.] 

253.  Schools — Joint    Township    High    Schools.      1.     That    in    two 
ad  oining  townships,  in  any  county  in  this  state,  having  a  joint  assessed 
va  nation  of  more  than  seven  hundred  and  fifty  thousand  dollars  ($750,000.00) 
of  taxable  property,  and  wherein  there  is  not  now  established,  in  either  of 
sa  d  adjoining  townships,  or  in  any  town  or  city  in  either  of  said  adjoining 
to  vnships,  a  separate  high  school,  and  in  which  there  is  not  now  established 
a  .  oint  high  school  for  the  use  of  said  adjoining  townships,  and  wherein,  for 
ea  }h  of  the  two  years  last  past,  there  have  been  eight  or  more  graduates  of 
th  3  township  elementary  schools  residing  in  each  of  said  adjoining  townships, 
th  3  township  trustees  of  said  adjoining  townships,  whenever  at  least  one- 
th  ird  or  more  of  the  parents,  guardians,  head  of  families,  or  persons   having 
charge  of  children,  who  were  enumerated  for  school  purposes  in  said  township, 
at  the  last  preceding  enumeration,  petition  the  trustees  of  said  adjoining 
townships,  to  establish,  erect  and  maintain,  a  joint  high  school  building  and 
hi?h  school,  at  some  point  within  said  adjoining  townships,  to  be  set  out  and 
drsiiriiutrd  in  said  petition,  shall  establish,  erect,  and  maintain  such  joint 
high  school  building  and  high  school  within  said  adjoining  townships  as  pe- 
titioned for,  and  employ  competent  teachers  therefor. 


I 


[Acts  1913.  p.  331.] 

l.      Schools — Township     High     Schools — How     Established.      1. 

'hat  in  each  township  of  this  state  having  an  assessed  valuation  of  more  than 
x  hundred  thousand  dollars  ($600,000)  of  taxable  property  and  wherein 
lore  is  not  now  established  a  high  school,  and  wherein  there  is  not  situate 
a  city  or  town  maintaining  a  high  school,  and  wherein  for  each  of  the  two 
years  last  past  there  have  been  eight  or  more  graduates  of  the  township 

I °lementary  schools,  residing  in  such  township,  the  township  trustee  may 
stablish  and  maintain  therein,  a  high  school  or  a  joint  high  school  and  ele- 


138  SCHOOL    LAWS    OF    INDIANA 

mentary  school,  "and  employ  competent  teachers  therefor;  whenever  a  ma- 
jority of  parents,  guardians,  heads  of  families,  or  persons,  having  charge  of 
children,  who  were  enumerated  for  school  purposes  in  said  township,  at  the 
last  preceding  enumeration,  petition  the  trustee  of  said  township  to  establish 
and  maintain  a  high  school  or  joint  high  school  and  elementary  school,  said 
trustee  shall  establish  and  maintain  such  a  school  petitioned  for.  ( §6584a.) 

[Acts  1917,  p.  677.] 

255.  Amount   of  Taxable   Property    Required.     2.     That   in  each 
township  in  this  state  having  an  assessed  valuation  of  more  than  six  hundred 
thousand  dollars  ($600,000.00)  of  taxable  property,  and  wherein  there  is 
not  now  established  a  high  school  in  such  township  or  in  any  town  within 
such  township  and  where  there  is  no  high  school  within  three  (3)  miles  of 
any  boundary  line  of  such  township,  and  wherein  for  each  of  the  two  (2) 
years  last  passed  there  have  been  eight  (8)  or  more  graduates  of  the  town- 
ship elementary  schools  residing  in  such  township,  the  township  trustee 
shall  establish  and  maintain  therein  a  high  school  and  employ  competent 
teachers  therefor:     Provided,  That  in  townships  having  an  assessed  valu- 
ation of  more  than  twelve  hundred  and  fifty  thousand  dollars    ($1250,000.00) 
of  taxable  property;  upon  the  petition  of  forty  (40)  or  more  parents,  guar- 
dians, heads  of  families,  or  persons  of  such  township  having  charge  of  chil- 
dren of  school  age,  who  were  enumerated  for  school  purposes  at  the  last  pre- 
ceding enumeration,  being  filed  with  him,  the  township  trustee  shall  establish 
and  maintain  in  such  township  a  high  school  or  a  joint  high  school  and  ele- 
mentary school  at  such  place  as  may  be  designated  in  such  petition,  and  em- 
ploy competent  teachers  therefor,  notwithstanding  there  may  be  an  estab- 
lished high  school  within  three  (3)  miles  of  a  boundary  line  of  such  township, 
provided,  further,  that  in  computing  the  distance  of  a  boundary  line  of  any 
township  from  any  high  school  outside  of  said  township,  as  contemplated 
in  this  section  of  this  act,  said  distance  shall  be  measured  on  the  shortest 
direct  line  from  said  high  school  building  to  the  boundary  line  of  said  town- 
ship. 

[Acts  1917,  p.  52.] 

256.  Petition    for    Consolidation — Duty    of    Trustees.      1.     That 
whenever  the  majority  of  patrons  in  two  or  more  school  districts  in  adjoin- 
ing townships,  or  any  designated  portion  of  said  school  districts,  shall  peti- 
tion their  township  trustee  to  abandon  such  school  district  or  districts,  or 
designated  part  thereof,  so  situate  in  such  adjoining  townships  and  to  con- 
solidate said  district  or  districts,  or  designated  part  thereof,  with  the  district 
or  districts,  or  designated  part  thereof,  in  the  adjoining  township  or  townships 
into  a  single  consolidated  school,  the  township  trustees  of  such  adjoining 
townships  shall  provide  for  such  consolidation;  erect  and  equip  the  neces- 
sary school  building  and  maintain  such  school  jointly  and  apportion  the  cost 
thereof  among  the  townships  in  proportion  to  the  assessed  valuation  of  the 
part  of  the  consolidated  school  district  lying  in  each  township. 

257.  Control — Abandonment.     2.     When    such    consolidation    has 
been  effected,  the  consolidated  school  shall  thereafter  be  under  the  joint 
control  and  management  of  the  township  trustees  of  the  townships  in  which 


SCHOOL    LAWS    OF    INDIANA  139 

sue!  consolidated  school  district  is  located,  and  such  consolidated  school 
shal  not  be  abandoned  thereafter  except  with  the  approval  of  the  county 
sup*  -intendent  or  county  superintendents  of  the  county  or  counties  in  which 
sucl  consolidated  school  district  is  located. 

[Acts  1917,  p.  545.1 

:  58.  Consolidation  of  Schools  Authorized.  1.  That  the  school 
tru^  ees  of  any  incorporated  town  or  city  of  the  fifth  class  located  wholly 
wit  in  any  township,  and  the  school  trustee  of  such  township,  are  hereby 
aut  .orized  and  empowered  to  consolidate  the  elementary  schools  or  high 
sch  ols,  or  both,  of  said  corporations  or  to  furnish  consolidated  school  fa- 
cili  ies  for  children  of  school  age  of  both  school  corporations  in  the  manner 
an<  upon  the  conditions  hereinafter  prescribed. 

259.  Elections  Separate.     2.     Whenever  the  school  trustees  of  any 
cit     of  the  fifth  class  or  incorporated  town  located  wholly  within  any  town- 
slii  )  and  the  school  trustee  of  such  township  desire  to  consolidate  the  ele- 
mc  itary  schools  or  high  schools,  or  both,  of  their  respective  corporations,  or 
to  furnish  consolidated  school  facilities  for  the  children  of  school  age  of 
bo  h  corporations  they  may  meet  and  adopt  a  joint  resolution  declaring  their 
wi  lingness  to  consolidate  the  schools  of  said  school  corporations,  and  may  call 
el«  -lions  of  the  voters  of  said  town  or  city  and  the  voters  of  the  township 
re  iding  outside  of  such  town  or  city,  respectively  for  the  purpose  of  deter- 
111  n ing  whether  a  majority  of  the  legal  voters  of  each  school  corporation  are 
in  favor  of  consolidating  said  schools.     Such  elections  of  the  legal  voters  of 
1 1  •  respective  school  corporations  shall  be  separate  and  independent.     Said 
tr  ist ees  shall,  after  adopting  said  joint  resolution,  give  notice  by  publication 
fo  •  three  (3)  successive  publications  in  a  weekly  newspaper,  if  any  is  published 
in  s;iid  township  or  in  said  town  or  city,  and  if  no  weekly  newspaper  is  pub- 
lb  lied  in  said  township,  town  or  city,  then  in  the  nearest  newspaper  published 
in  said  county,  that  on  a  day  to  be  named  by  said  trustee  the  polls  will  be 
open  in  at  least  one  (1)  of  the  voting  places  in  each  of  said  corporations  named 
ir  said  joint  resolution,  for  the  purpose  of  taking  the  vote  of  the  legal  voters 
thereof  upon  whether  the  schools  of  said  corporations  shall  be  consolidated; 
-;  i<l  election  shall  be  held  not  less  than  ten  (10)  days  nor  more  than  twenty 
(!JO)  days  after  the  las{    publication  of  said  notice:     Provided,  That  when 
1  venty-five  (25)  l«-«ral  voters  residing  in  any  incorporated  town  or  city  of  the 
fifth  class  and  twenty-five  (25)  voters  residing  in  the  same  township,  but  out- 
s  de  said  town  or  city,  shall  petition  the  school  board  of  said  town  or  said  city 
.•  iid  t  IK-  township  trustee  of  the  township  in  which  said  town  or  city  is  located 
t  o  consolidate  the  elementary  or  high  schools,  or  both,  of  said  school  corpor- 
;  tion,  or  to  furnish  consolidated  school  facilities  for  the  children  of  school 
;,ge  of  both  school  corporations  it  shall  be  the  duty  of  the  school  trustees  of 

aid  town  or  city,  and  of  said  township  trustee,  or  a  majority  of  them,  to  call 
he  school  elections  provided  for  in  this  act. 

260.  Manner  and  Expense  of  Elections.         3.     On  the  day  named 
n  said  notice  such  polls  shall  be  opened  and  the  votes  of  the  legal  voters  shall 
be  taken  upon  the  question  of  consolidating  such  schools,  and  said  election 
shall  be  governed  by  the  general  laws  of  the  state,  so  far  as  they  may  be  ap- 
plicable, except  as  otherwise  provided  herein.     Said  trustees  shall  constitute 


£IUVa>M«0| 


140 


SCHOOL    LAWS    OF    INDIANA 


the  board  of  election  commissioners  and  they  shall  cause  to  be  prepared  and 
distributed  proper  ballots.  There  shall  be  printed  on  the  ballots  two  (2) 
squares  and  the  words  as  follows:  Yes.  For  consolidating  the  schools  of 
town  (or  city)  and  the  schools  of town- 
ship. No.  Against  consolidating  the  schools  of town  (or 

city)  and  the  schools  of township. 

Each  voter  desiring  to  vote  for  the  consolidation  of  such  schools  shall 
make  a  cross  with  a  pencil  in  the  square  containing  the  word  "Yes;"  and  each 
voter  desiring  to  vote  against  the  consolidation  of  such  schools  shall  make 
a  cross  in  the  square  containing  the  word  "No."  Said  trustees  shall  appoint 
inspectors,  judges,  clerks  and  sheriffs  for  such  election.  The  votes  cast  at 
such  election  shall  be  canvassed  at  the  office  of  the  school  trustees  of  such 
town  or  city  on  the  day  following  said  election  at  ten  (10)  o'clock  a.  m.  and 
a  certificate  of  the  votes  cast  for  and  against  the  consolidation  of  such  schools 
shall  be  filed,  one  (1)  copy  with  the  trustees  of  each  school  corporation.  If 
a  majority  of  the  votes  cast  at  each  of  such  elections  are  in  favor  of  the  con- 
solidation of  such  schools,  said  trustees  of  said  school  corporations  shall 
proceed  to  consolidate  said  schools  and  provide  the  necessary  buildings  and 
equipment  therefor:  Provided,  That  each  school  corporation  shall  finish 
and  complete  the  current  school  year  at  the  schools  then  in  operation  before 
changing  children  of  school  age  to  any  consolidated  school.  The  expense 
of  said  election  shall  be  borne  equally  by  each  of  the  school  corporations 
participating  therein,  and  shall  be  paid  for  out  of  the  special  school  fund. 

261.  Preliminary    Control    of   Consolidated    Schools.          4.     Such 
consolidated  schools  shall  be  under  the  control  and  management  of  the 
trustees  of  the  town  or  city,  and  the  trustee  of  the  township  until  the  first 
day  of  August  next  succeeding  the  election  provided  for  in  section  three  (3) 
of  this  act,  at  which  time  the  term  of  office  of  each  of  said  school  trustees  of 
said  town  or  city  shall  expire;  and  during  which  time  said  school  trustees  of 
said  town,  or  city,  and  the  township  trustee  shall  have  all  the  powers  and 
shall  perform  all  of  the  duties  granted  and  fixed  in  this  act;  each  trustee 
having  an  equal  voice  therein:     Provided,  That  if  bonds  have  been  issued 
and  sold  for  the  construction  of  a  new  school  building  and  a  contract  has 
been  let  for  the  construction  thereof  by  the  aforesaid  school  trustees,  then 
said  school  trustees  of  such  town  or  city  shall  continue  in  office  one  (1)  year 
from  the  first  day  of  August  next  succeeding  the  election  provided  for  in 
section  three  (3)  of  this  act;  and  the  election  of  school  trustees  provided 
for  in  the  next  succeeding  section  of  this  act  shall  not  take  place  until  one  (1) 
year  has  elapsed  from  the  time  provided  for  in  said  section. 

262.  Board  of  Trustees — Non-Partisan — Election   Bond — Salary. 

5.  After  the  first  day  of  August  next  succeeding  said  election  provided  for 
in  section  three  (3)  of  this  act,  such  consolidated  schools  shall  be  under  the 
control  and  management  of  a  school  board  composed  of  three  (3)  school 
trustees,  residents  of  either  the  said  town  or  city,  or  of  the  township  in  the 
territory  outside  said  town  or  city,  two  (2)  of  whom  shall  be  elected  in  the 
manner  prescribed  in  this  act.  No  more  than  two  (2)  members  of  such 
board  shall  be  of  the  same  political  faith. 


SCHOOL    LAWS    OF    INDIANA  141 


he  board  of  trustees  of  such  town,  or  the  common  council  of  such  city, 
sha'  ,  at  a  regular  meeting,  or  at  a  special  meeting  called  for  the  purpose, 
in  t  ,e  month  of  July,  prior  to  said  first  day  of  August,  elect  two  (2)  school 
tru^  ees,  one  member  of  which  board  shall  be  a  resident  of  said  town  or  city, 
a  IK.  one  member  of  which  board  shall  be  a  resident  of  the  township  in  the 
ten  tory  outside  said  town  or  city,  who  shall  be  of  opposite  political  faith,  as 
me  ibers  of  said  school  board,  who  shall  hold  their  offices  for  one  (1)  and 
tw<  (2)  years  respectively,  from  and  after  the  first  day  of  the  next  succeeding 
mo  th.  The  term  of  each  of  said  trustees  shall  be  determined  by  lot  at  the 
tin  -of  such  election,  by  such  common  council  or  board  of  trustees,  and  an- 
nu;  lly  thereafter  such  common  council  of  such  city,  or  the  board  of  trustees 
of  uch  town,  at  their  regular  meetings  in  the  month  of  June,  shall  elect  one 

(1)  school  trustee,  who  shall  hold  his  office  for  two  (2)  years  from  the  first 
da    of  the  next  succeeding  August.     The  third  member  of  said  school  board 
sh:  11  be  the  township  trustee  who  together  with  such  trustees  elected  by 
sai  I  board  of  trustees  of  such  town  or  the  common  council  of  such  city,  shall 
co  stitute  the  school  board  of  such  consolidated  schorls,  and  before  entering 
u]  >n  the  duties  of  their  office  they  shall  take  an  oath  faithfully  to  discharge 
th    duties  of  the  same.     Said  school  board  shall  meet  within  five  (5)  days 
af  er  the  first  day  of  August  and  organize,  and  shall  reorganize  at  any  time 
th  s  personnel  of  said  board  is  changed.     They  shall  elect  one  (1)  of  their 
m  mber  president,  one  (1)  secretary,  and  one  (1)  treasurer.     The  treasurer 
bt  ore  starting  upon  the  duties  of  his  office,  shall  execute  a  bond  to  the  ac- 
ce  stance  of  the  county  auditor,  conditioned  as  an  ordinary  bond,  with  at 
le;^t  two  (2)  sufficient  freehold  sureties,  who  shall  not  be  members  of  said 
1»(  ard,  in  a  sum  equal  to  the  maximum  amount  of  money  that  will  come  in 
t<    his  hands  within  any  one  (1)  year  by  virtue  of  his  office.     The  other  two 

(2 )  members  of  said  board  shall  each  give  bond  with  like  sureties  to  be  ap- 
pj  oved  by  the  county  auditor  in  any  sum  not  less  than  one-third  (1-3)  of 
t!  e  treasurer's  bond.     All  vacancies  that  may  occur  in  said  board,  other  than 
s;  id  township  trustee,  shall  be  filled  by  the  common  council  of  the  city  or 
the  board  of  trustees  of  the  town,  but  such  election  to  fill  a  vacancy  shall 

0  ily  be  for  the  unexpired  term.     Said  board  of  trustees  shall  within  five 
(it)  days  after  the  first  day  of  August  of  each  year  reorganize  and  execute 
t  leir  bonds  for  the  ensuing  year. 

The  members  of  said  school  board,  other  than  the  township  trustee, 
stiall  each  receive  such  compensation  for  his  services  as  may  be  fixed  by  the 

1  oard  of  trustees  of  said  town,  or  the  common  council  of  said  city,  but  in  no 
t  vent  shall  said  trustees  other  than  said  township  trustee,  receive  more  than 
.S100.00  per  annum  each  for  his  services  when  appointed  by  the  board  of  trus- 
tees of  a  town,  or  more  than  $200.00  per  annum  each  for  his  services  when 
appointed  by  the  common  council  of  a  city. 

Said  township  trustee  shall  perform  the  clerical  work  and  bookkeeping 
id  board,  for  which  services  said  township  trustee  shall  receive  in  ad- 
lit  ion  to  the  compensation  received  by  him  as  township  trustee  the  sum  of 
15100.00  per  annum  when  the  schools  of  his  township  are  consolidated  with 
the  x-hools  of  an  incorporated  town,  and  <hall  receive  the  sum  of  $200.00  per 
annum  for  his  services  when  the  schools  of  his  township  are  consolidated 
with  the  schools  of  a  city. 


142  SCHOOL    LAWS    OF  INDIANA 

263.  Duties  and  Powers  of  Board — Taxes.     6.     Said  school  board 
shall  perform  the  duties  and  shall  have  all  the  powers  vested  in  the  school 
boards  of  towns  and  cities  of  the  fifth  class  under  the  law  of  this  state.     The 
cost  of  maintaining  such  consolidated  schools  shall  be  apportioned  between 
the  city  or  town  and  the  township  in  the  territory  outside  such  city  or  town 
in  proportion  to  the  number  of  children  of  school  age  enumerated  in  each 
corporation.     Taxes  to  meet  such  cost  shall  be  levied  by  said  school  trustees 
and  collected  in  the  city  or  town  and  the  township  in  the  same  manner  as 
other  taxes  are  levied  and  collected. 

264.  New  Buildings — Repairs.     7.     Whenever  it  shall  become  nec- 
essary to  build  a  new  building  or  buildings,  or  to  make  repairs  on  old  ones, 
said  school  trustees  shall  have  the  power  to  build  such  new  building  or  build- 
ings or  repair  such  old  ones  as  they  may  deem  necessary,  and  to  purchase 
the  necessary  site  therefor;  and  the  cost  thereof  shall  be  apportioned  between 
the  city  or  town  and  the  township  in  the  territory  outside  of  such  city  or  town 
in  the  ratio  that  the  taxable  property  of  such  city,  or  town,  and  the  territory 
in  the  township  outside  such  city  or  town  bears  to  the  whole  amount  of  tax- 
able property  of  said  city,  or  town  and  township. 

Said  school  trustees  shall  have  the  sole  power  to  issue  bonds  of  the  sep- 
arate corporations  comprising  said  consolidated  school  district  to  meet  the 
cost  of  said  new  building  or  buildings  or  the  repair  of  old  ones.  Such  bonds 
authorized  by  this  act  shall  be  payable  in  such  amounts  and  at  such  times 
as  the  school  trustees  may  determine,  and  shall  bear  such  rate  of  interest 
as  may  be  determined,  not  exceeding  four  and  one-half  per  cent  (4  1-2%). 
Said  board  shall  have  the  power  to  levy  and  collect  taxes  to  meet  the  payment 
of  any  bonds  issued  pursuant  to  this  act :  Provided,  That  said  school  trustees 
shall  have  all  of  the  powers  given  and  granted,  to  school  trustees  for  the 
appropriation  of  real  estate  for  school  purposes,  by  chapter  87  of  the  acts 
of  1907  page  114,  being  sections  6633-6636  Burns'  Rev.  Stat.  of  1914. 

265.  Joint    Property.      8.      Any  schoolhouse  constructed  under  the 
provisions  of  this  act  shall  be  the  joint  property  of  said  corporations,  and  such 
property  shall  be  owned  by  such  corporations  in  proportion  to  the  amount 
paid  by  each  for  the  construction  of  the  same;  and  said  schools  shall  be  open 
to  all  pupils  residing  in  said  town  or  city  or  township  free  of  tuition.     Neither 
of  said  corporations  shall  however,  be  deprived  of  its  ownership  in  said  new 
building  or  buildings  except  on  full  compensation  for  its  proportionate  in- 
terest in  same;  Provided,  The  school  houses  and  school  sites  of  either  school 
corporation  or  both  may  be  used  for  consolidated  school  purposes 

266.  Transportation  of  Pupils.     9.     Said  school  board  shall  be  gov- 
erned by  the  laws  of  the  state  now  in  for°e  for  the  transportation  of  pupils 
to  such  consolidated  schools:     Provided,   That  if  a  consolidated  school  is 
maintained  within  the  corporate  limits  of  a  city  or  town,  then  said  school 
board  shall  provide  and  maintain  means  of  transportation  tor  all  pupils 
that  live  at  a  greater  distance  than  two  (2)  miles  and  -'or  all  pupils  between 
the  ages  of  six  (6)  and  twelve  (12)  years  that  live  less  than  two  (2)  miles  and 
more  than  one  (1)  mile  from  and  outside  of  the  corporate  limits  of  such  oity 
or  town;  and,  Provided,  That  the  school  corporation  required  to  transport 
pupils  shall  bsar  the  expense  of  such  transportation;  and,  Provided,  further, 


SCHOOL    LAWS    OF    INDIANA  143 


Th;  ;  if  by  reason  of  condition  of  roads  or  streams,  or  distance,  it  would  not 
be  ,  dvantageous  for  certain  children  of  school  age  to  be  transported  to  any 
con  olidated  school  established  and  maintained  under  this  act,  then  said 
sch  ol  board  may  maintain  separate  schools  and  orovide  school  houses  for 
sue  i  children  so  affected  by  condition  of  roads,  streams,  or  distance  to  con- 
soli  lated  schools. 

[Acts  1917,  p.  61.] 

267.  Consolidation    of   Town    and    Township    Schools.      1.     That 
W!  enever  the  board  of  s  'hool  trustees  having  charge  of  the  schools  of  anv 
t<r  n  or  towns,  and  the  township  trustee  of  the  townshiv  in  which  such  town 
or  ,owns  is  lor-ated,  shall  agree  by  joint  resolution  to  consolidate  the  schools 
of  u-.'h  town  or  towns  and  the  schools  of  the  township,  or  a  part  of  the  schools 
of  .u^h  township,  si.ch  schools  shall  be  consolidated  if  at  an  election  called  as 
pr  vided  in  this  act  a  majority  of  the  voters  of  the  town  or  towns  and  the 
to  rnshio  shall  favor  s"ch  Consolidation.   'When  there  are  two  (2)  towns  in 
a    ownship  each  convenient  to  a  part  of  the  township,  but  neither  of  which 
is    onvenient  to  the  whole  township,  a  part  of  the  territory  of  the  township 
m  ty  be  joined  to  each.     The  division  shall  be  determined  by  the  township 
tr  istee  if  the  people  approve  the  same  at  the  election  as  herein  provided. 

268.  Joint    Resolution — Special    Election — Expenses.     2.     When- 
e-1  er  the  school  board  and  township  trustee  as  aforesaid  shall  determine  by 
j<  int  resolution  to  consolidate  the  schools  of  the  town  or  towns  and  the  town- 
si  ip,  they  shall  provide  for  an  election  and  shall  give  notk-e  of  the  time  and 
r  ace  of  such  election  which  shall  be  not  less  than  thirty  (30)  days  f/om  the 
time  of  such  notice;  the  board  or  boards  and  trustee  acting  jointly  shall 
d  isignate  the  voting  place?  and  appoint  the  necessary  officials  in  charge  of 
s  ich  emotion;  each  elector  ol  the  town  or  towns  or  township  shall  be  en- 
t  tied  to  vote  at  such  election;  the  results  of  the  ballots  shall  be  certified  by  the 
officers  in  charge  of  the  election  to  the  board  or  boards  and  to  the  township 
t  -ustee;  the  expense  ol  such  election  shall  be  borne  equally  from  the  funds  of 
tie  town  or  towns  and  the  township,  and  the  same  shall  be  paid  as  other 
expenses  of  the  town  or  towns  or  townships  ate  paid. 

269.  Majority   Required — Management.     3.      if  a  majority  of  the 
voters  in  the  township  and  a  majority  of  the  voters  in  the  town  or  towns 
lavor  siiHi  consolidation  then  the  schools  shall  be  consolidated,  and  shall 
!>e  managed  bv  a  board  consisting  of  the  trustee  of  the  township  and  the 
secretary  of  the  school  board  of  the  town  or  towns.     In  -'-ase  of  a  tie  vote  con- 

•eniint:  :uiy  matter  of  management  of  such  consolidated  school  district  by 
•his  board  tin-  .-minty  suoerintendent  ol  schools  shall  arbitrate  the  question 
uid  his  vote  shall  be  final.  The  township  trustee  as  a  member  of  the  board 
of  trustees  of  such  consolidated  school  shall  be  the  secretary  and  the  treasurer 
of  the  board  and  shall  keep  the  records  of  the  office,  and  disburse  the  funds 
upon  order  of  such  board. 

270.  Cost  Apportioned — Transportation  of  Pupils — New  Building. 

4.  The  cost  of  maintaining  the  consolidated  school  shall  be  apportioned 
between  the  town  or  towns  and  the  township  in  proportion  to  the  number 
of  pupils  of  school  age  enumerated  in  each  Corporation.  Taxes  to  meet  such 


144 


SCHOOL    LAWS    OF   INDIANA 


cost  shall^be  levied  and  collected  in  the  town  or  towns  and  the  township 
in  the  same  manner  as  other  taxes  are  levied  and  collected.  The  township 
trustee  mav  arrange  for  the  transportation  of  pupils  living  more  than  one 
(1)  mile  from  the  school.  Whenever  any  new  building  or  buildings  shall  be 
necessary  for  such  consolidated  school,  the  board  shall  build  such  building 
or  buildings  or  make  such  repairs  on  old  ones  as  they  may  deem  necessary, 
and  purchase  the  necessary  site,  and  the  cost  thereof  shall  be  apportioned 
between  the  town  or  towns  and  the  township  on  an  equal  basis,  each  corpor- 
ation paying  one-half  (1-2)  the  cost  thereof. 

271.  Payment  of  Previous  Indebtedness-  5.  Whenever  any  school 
town  in  any  township  is  indebted  in  any  amount  when  such  consolidation  i* 
proposed,  it  shall  be  lawful  for  the  township  to  purchase  the  school  building, 
buildings  or  equipment  or  such  part  thereof  as  shall  upon  approval  by  the 
county  superintendent,  auditor  and  assessor,  be  equivalent  to  a  value  not 
exceeding  the  indebtedness  thereof  and  the  school  town  shall  pay  off  such 
indebtedness  from  the  amount  paid  by  the  township  and  transfer  such 
building,  buildings,  equipment  or  part  thereof  to  the  township. 


SCHOOL    LAWS    OF    INDIANA 


145 


CHAPTER  XII. 
ABANDONMENT  OF  SCHOOL  PROPERTY. 


2  la.  Abandonment  of  school  district  or 
corporation. 

2  Ib.  Consent  or  voters  to  abandon- 
ment. 

2  Ic.  Schools — Discontinuance  —  Town- 
ship trustees. 

2  Id.  Schools — Cities  fifth  class — Aband- 
oned school  property — Parks. 

2  le.  Permitting  use  by  city. 

2  If.  Acceptance  by  council — Mainte- 
nance. 


SEC. 

27 Ig.  Abandonment  for  park  purposes. 

271h.  Schools  —  Trustees    abolished  - 
School  corporation  dissolved. 

2711.    Conveyance  of  property  to  town- 
ship. 

271j.    Township  control. 

271k.  Civil    town    may   assume  debt   of 
school  town. 

2711.    Manner  of  assuming  debt. 


[Acts  1901,  p.  437.    Approved  and  in  force  March  11,  1901.) 

271a.      Abandonment     of     School     District     or     Corporation.      1. 

^  Whenever  a  majority  of  the  legal  voters  of  any  school  district  or  corporation 
s  lall  petition  the  trustee  or  trustees  of  such  school  district  or  corporation  for 
t  le  abandonment  of  their  schools  and  the  consolidation  of  their  schools  with 
t  le  schools  of  some  other  school  district  or  ( orporation  in  the  same  township, 
i ,  shall  be  the  duty  of  the  trustee  or  trustees  of  such  school  district  or  cor- 
I  oration  to  comply  with  such  petition,  and  to  provide  for  the  education  of 
the  children  of  such  abandoned  district  or  corporation  in  other  schools  as 
tsked  for  in  such  petition.  (§6421.) 


[Acts  1901,  p.  159.    Approved  and  in  force  March  7,  1901.] 

271b.  Consent  of  Voters  to  Abandonment.  1.  No  township 
trustee  shall  abandon  any  district  school  in  his  township  until  he  shall  have 
]  irst  procured  the  written  Consent  therefor  signed  by  a  majority  of  those  legal 
"roters  who  are  entitled  to  vote  for  township  trustee  in  such  district:  Pro- 
tided,  This  act  shall  not  apply  to  schools  which  have  an  average  daily  at- 
lendan^e  of  twelve  (12)  pupils  or  fewer.  Jt  shall  b«  the  duty  of  every  town- 
chip  trustee  to  re-establish  any  district  school  so  abandoned  upon  the  written 
petition  of  two-thirds  of  the  legal  voters  who  are  entitled  to  vote  for  township 
,rustee  in  such  district.  (§6420.) 


A  petition  to  re-establish  a  school  must  be  addressed  to  the  town- 


1.  PETITION. 
ihip  trustee. 

2.  AVERAOE  DAILY  ATTENDANCE.     The  attendance  for  an  entire  school  yea^  must 
ae  taken  into  account  before  a  school  can  be  abandoned.    There  must  be  an  attendance 
of  twelve  or  fewer  for  a  term  to  abandon  a  school  without  a  petition. 

3.  RE-ESTABLISHED.     A  trustee  who  has  abandoned  a  school  because  the  at- 
endance  was  twelve  or  fewer  can  not  be  compelled  to  re-establish  it,  even  if  petitioned 

to  do  so. 

The  clause  of  the  statute  making  it  the  duty  of  the  trustee  "to  re-establish'any 
district  school  so  abandoned,"  applies  only  to  those  schools  which  have  been  abandoned 
upon  petition: 


8554 — 10 


146  SCHOOL    LAWS    OF   INDIANA 

4.  TRANSFERRED  PUPILS  NOT  TO  BE  COUNTED.     In  determining  the  daily  average 
attending  who  have  been  transferred  to  the  school  are  not  to  be  counted. 

5.  PATRON    WHOSE    CHILDREN    HAVE    BEEN    TRANSFERRED.     A    patron    whose 
children  have  been  transferred  can  not  sign  a  petition  for  the  abandonment  of  a  school. 

6.  VOTERS  OF  DISTRICT.     The  voters  of  the  school  district  are  those  who  are 
attached  to  the  district  for  school  purposes,  having  chilaren  entitled  to  attend  the 
public  schools. 

[Acts  1907,  p.  444.    Approved  March  11,  1907. j 

271c.       Schools — Discontinuance — Township     Trustees.       1.      The 

township  trustees  shall  discontinue  and  temporarily  abandon  all  schools  under 
their  charge  at  which  the  average  daily  attendance  during  the  last  preceding 
school  year  has  been  twelve  (12)  pupils  or  fewer;  and  said  trustees  may  dis- 
continue and  temporarily  abandon  all  schools  at  which  the  average  daily 
attendance  during  the  last  preceding  school  year  has  been  fifteen  (15)  pupils 
or  fewer:  Provided,  The  conditions  as  to  roads,  streams  and  bridges  permit 
of  such  discontinuance:  Provided,  further,  That  any  school  so  discontinued 
and  temporarily  abandoned  may  be  re-established  by  the  township  trustee  in 
his  discretion  whenever  he  shall  feel  assured  of  an  average  daily  attendance 
of  more  than  twelve  (12)  pupils  during  the  school  year:  Provided,  further 
That  nothing  in  this  act,  or  in  the  a«  t  to  which  it  is  amendatory,  shall  author- 
ize the  discontinuance  of  any  school  exclusively  for  colored  pupils  where  such 
school  is  the  only  school  for  colored  pupils  in  such  school  corporation,  and 
any  such  school  heretofore  discontinued  by  the  operation  of  said  act  shall  be 
re-established:  And  provided,  That  in  case  a  majority  of  the  patrons  of  any 
school  district  petition  that  any  school  heretofore  abandoned  be  reopened, 
then  the  township  trustee  shall  open  such  abandoned  school  and. re-establish 
the  same.  (§6422,  as  amended  190J,  p.  73.) 

1.  ABANDONMENT  OF  HIGH  SCHOOLS.  The  patrons  of  a  township  high  school 
have  no  power  either  to  require  the  establishment  of  high  schools  or  to  prevent  their 
abandonment;  the  school  trustee  may  establish  and  abandon  such  high  schools  under 
his  general  powers  given  by  §6410  Burns'  Rev.  Stat.  1908  without  procuring  the  assent 
of  the  patrons  of  such  schools.  However,  he  must  abandon  any  such  school  having  a 
daily  general  average  attendance  of  twelve  pupils  or  fewer  during  any  school  year.  If 
there  is  being  taught  in  a  district  school  high  school  branches,  the  trustee  may  abandon 
the  high  school  branches  without  abandoning  the  district  school,  and  this  he  may  do 
without  the  assent  of  patrons.  He  may  not,  however,  abandon  the  teaching  of  German 
in  a  district  school  when  at  least  twenty-five  patrons  have  petitioned  for  such  teaching. 
— Bingham,  Atty.-Gen. 

[S.  263.     Approved  March  10,  1915.] 

271d.  Schools — Cities  Fifth  Class — Abandoned  School  Property- 
Parks.  1.  That  in  any  city  of  the  fifth  class  within  the  state  in  which  the 
school  corporations  of  such  cities  have  heretofore  purchased  in  the  name  of 
said  school  corporations  real  estate  to  be  used  for  school  purposes,  and  the 
use  of  which  real  estate  shall  have  since  been  abandoned  for  school  purposes, 
it  shall  be  lawful  for  the  school  trustees  of  said  school  corporations  to  author- 
ize the  use  of  su^h  real  estate  for  park  purposes,  in  the  manner  as  provided 
by  this  a ^t.  , 

271e.  Permitting  Use  by  City,  2.  No  money  shall  be  expended 
out  of  the  school  corporation  treasury  for  the  maintenance  of  such  abandoned 
school  grounds  for  park  purposes,  but  the  board  of  school  trustees  of  any 


SCHOOL    LAWS    OF    INDIANA  147 

sc!  ool  corporation  in  cities  of  the  fifth  class  owning  such  abandoned  school 
gr  unds  may  by  an  order  entered  of  record  permit  the  use  of  such  abandoned 
Be;  ool  grounds  by  any  «ity  of  the  fifth  class  for  park  purposes,  fixing  in  such 
or  .er  the  conditions,  restrictions  and  limitations  within  which  such  city  of 
tb  fifth  class  may  take  and  use  such  abandoned  school  grounds  for  such  park 
pi  poses. 

271f.  Acceptance  by  Council-  Maintenance.  3.  Any  city  of  the 
li  h  lass  within  this  state  may  by  an  ordinance  of  the  common  council, 
a<  ;ept  from  the  school  corporation  of  any  such  city  the  use  of  any  real 
<•>  ate  being  abandoned  school  grounds,  as  hereinbefore  provided,  or  any 
si  3h  city  may  by  ordinance  of  the  common  council  accept  from  any  person 
o1  persons  for  any  definite  time  not  less  than  five  years  the  use  of  any  real 
e  ate  in  such  city  formerly  used  for  Cemetery  purposes,  having  been  aban- 
d  >ned  and  the  bodies  having  been  removed  therefrom,  and  any  such  ?ity  is 
h  reby  given  the  right,  power  and  authority  through  their  common  councils, 
t»  use  and  maintain  and  keep  in  condition  any  such  real  estate  for  park 
p  irposes  for  the  use  of  the  general  public,  in  the  manner  and  under  the  same 
c  .nditions  and  restrictions  and  limitations  as  are  now  fixed  and  provided  by 
1;  w  for  the  use  and  control  and  maintenance  of  park  properties  by  such  cities, 
ii  every  way  and  to  the  same  extent  as  if  the  city  owned  said  real  estate  IP 
i  s  own  name  and  right;  and  such  cities  of  the  fifth  class  shall  have  the  power 
a  id  authority  to  accept  by  city  ordinance  such  real  estate  for  park  purposes 
i:nder  tin-  order  of  the  school  trustees  of  the  school  corporation,  as  herein 
I  rovided,  or  from  su  ;h  person  or  persons. 

4.  The  title  to  su?h  real  estate  shall  remain  in  the  school  corporation, 
jind  the  use  by  cities  ot  the  fii'th  class  shall  continue  so  long  as  such  cities 
c  ontinue  to  maintain  srch  real  estate  as  a  public  park. 

271g.  Abandonment  for  Park  Purposes,  o.  if  at  any  time  after 
s.ich  real  estate  has  been  accepted  for  park  purposes,  as  alore&aid,  such  cities 
j'hall  abandon  the  use  ol  such  real  estate  for  park  purposes,  it  shall  be  lawful 
for  the  school  trustees  ot  s  ch  school  corporation  so  owning  said  real  estate, 
1  o  take  possession  of  said  real  estate,  and  to  sell  and  "onvey  said  real  estate  in 
I  he  manner  now  or  hereafter  provided  by  law. 

271h.  Schools— Trustees  Abolished— School  Corporation  Dis- 
solved.  1.  That  any  incorporated  town  in  the  state,  that  has  no  school 
ndebtedness,  the  inhabitants  ol'  which  do  not  exceed  two  thousand  (2000) 
is  shown  by  the  last  preceding  general  Census,  may,  through  its  town  board 
of  trustees,  abandon  and  dis'-ontinne  its  management  and  control  of  public 
schools  within  such  incorporated  town,  and  abolish  the  board  of  school  trus- 
herein.  Whenever  a  town  so  dis- ontinuing  its  board  of  school  trustees 
shall  desire  to  again  take  control  of  its  school  affairs  the  town  board  may  on 
petition  signed  by  a  majority  of  the  resident  freeholders,  pass  an  ordinance 
to  that  effect  and  appoint  a  board  of  school  trustees:  Provided,  That  when- 
e\<  r  a  town  passes  s  ieh  ordinance  to  again  take  control  of  its  school  affairs 
as  herein  above  provided,  it  shall  be  the  duty  of  the  county  assessor,  county 
auditor  and  county  superintendent  of  schools,  to  act  as  an  appraising  board 
to  determine  what  if  any  equitable  right  the  township  has  in  the  school 


148  SCHOOL    LAWS    OF    INDIANA 

property  thus  taken  over  and  to  determine  the  extent  to  which  such  town  is 
indebted  to  the  township,  and  the  board  of  town  trustees  shall  pay  over  to 
the  township  such  amount  as  has  been  so  determined;  before  said  town  shall 
be  permitted  to  take  over  the  schools:  Provided,  further,  That  such'  school 
property  shall  not  be  appraised  and  taken  over  by  the  town  as  above  provided 
unless  a  majority  of  the  resident  freeholders  in  the  township  residing  outside 
of  said  town,  consent  to  such  transfer :  Provided,  further,  That  no  town  board 
shall  dissolve  the  school  corporation  except  by  consent  of  a  majority  of  the 
freeholders  therein. 

[Acts  1915,  p.  199.] 

2711.  Conveyance  of  Property  to  Township  2.  The  town  board 
of  trustees  of  any  such  incorporated  town,  upon  deciding  to  abandon  and 
discontinue  the  control  of  the  public  schools  therein,  shall  make  or  cause  to 
be  made  a  good  and  sufficient  deed,  conveying  all  real  estate  belonging  to  such 
school  town  to  the  township  trustee  of  the  township  in  which  such  incor- 
porated town  is  located;  and  shall  transfer  all  the  personal  property  and 
fixtures  belonging  to  such  school  town  to  such  township  trustee,  all  of  which 
shall  be  accepted  and  held  by  such  township  trustee  for  the  use  and  purposes 
of  the  school  township  wherein  such  town  is  located:  Provided,  That  when 
any  such  incorporated  town  shall  be  located  in  two  or  more  contigious  coun- 
ties, the  children  of  school  age  who  are  residents  of  such  incorporated  town 
shall  be  entitled  to  the  same  school  privileges  in  such  incorporated  town  as 
the  children  of  school  age  who  are  residents,  exclusively  of  the  township 
which  has  assumed  ownership  and  control  of  such  school  and  school  property. 
And  all  school  revenue  which  is  paid  or  which  may  hereafter  be  paid  by  that 
portion  of  such  incoruorated  town  lying  outside  of  the  township  which  has 
assumed  control  and  ownership  of  such  school  and  school  property,  shall  be 
paid  to  the  township  trustee  of  the  township  wherein. such  school  is  located, 
in  the  same  way  and  manner  as  such  revenues  were  paid  to  the  school  trus- 
tees of  such  incorporated  town  before  such  town  relinquished  control  and 
possession  of  such  school  and  school  property.  (§64H)a.) 

271j.  Township  Control.  3.  After  the  requirements  set  forth  in 
the  preceding  section  are  complied  with,  the  township  trustee  shall  have  full 
and  complete  control  of  all  the  schools  within  such  town  and  shall  conduct 
the  same  as  provided  for  by  law  for  the  other  schools  of  such  township.  And 
all  children  of  school  age  residing  outside  of  the  township  in  which  such  school 
and  school  property  is  situated  but  within  the  limits  of  any  s-^ch  incorporated 
town,  as  herein  provided,  shall  possess  all  the  rigl.ts  and  privileges  to  attend 
the  school  or  schools  located  within  such  incorporated  town,  the  same  as  though 
they  lived  in  the  township  wherein  such  school  or  school  property  is  located. 
(§6460b.) 

NOTE.  Towns  coming  within  the  provisions  of  this  section  can  not  abandon  con- 
trol of  schools  and  abolish  the  board  of  school  trustees  if  the  town  is  liable  for  damages 
on  account  of  contracts  made  by  the  school  trustees. — Hornbeck  v.  State,  33  App.  609, 
71  N.  E.  916. 

[Acts  1917,  p.  50.     Approved  February  23,  1917.] 

271k.  Civil  Town  May  Assume  Debt  of  School  Town,  1.  That 
the  trustees  of  any  incorporated  town,  the  inhabitants  of  which  do  not  exceed 
two  thousand  (2,000),  as  shown  by  the  last  preceding  United  States  census, 


m  y  assume  on  behalf  of  such  town  any  indebtedness  of  its  corresponding 
so  x>ol  town,  not  exceeding  five  thousand  dollars  ($5,000),  for  the  purpose  of 
pi  -cing  the  school  property  of  such  school  town  in  a  status  to  be  transferred 
to  the  school  township  of  the  township  in  which  such  school  town  is  located, 
as  provided  by  law:  Provided,  such  assumption  will  relieve  the  school  town 
o)  all  indebtedness,  and  Provided,  further,  That  the  school  township  trustee 
oi  the  township  in  which  such  town  is  situated  shall  undertake  and  agree 
ui  on  the  transfer  to  the  school  townshij  of  such  school  property  to  erect  a 
c<  nvenient  township  central  school  building  of  sufficient  capacity  to  comfort- 
a1  ly  serve  the  school  needs  of  such  school  town  and  school  township. 

271-1.  Manner  of  Assuming  Debt.  2.  Sv?ch  school  indebtedness 
s1  all  be  assumed  by  such  civil  town  by  the  passage  of  a  resolution  by  the  board 
o  trustees  of  such  town  at  any  regular  meeting  thereof  to  the  effect  that  such 
i]  debtedness  is  assumed  by  such  town  and  stating  therein  the  date  of  the 
r  solution  or  order  of  the  school  board  creating  such  indebtedness,  the  page 
o  the  record  where  recorded,  the  date  of  the  bonds  or  other  evidence  of  in- 
d  )btedness  assumed,  tne  denomination  thereof,  the  rate  of  interest  they  bear, 
v  hen  the  same  becomes  due  and  where  payable  and  when  and  where  the  in- 
t  rest  thereon  is  payable.  Upon  the  passage  of  such  resolution  the  abolish- 
r  ent  of  the  school  trustees  of  such  town  and  the  compliance  with  section  1 
c  '  this  act  by  the  school  townshin  such  indebtedness  shall  become  the  debt 
ct*  such  civil  town,  and  the  board  of  trustees  of  such  town  are  authorized 
t )  levy  a  tax  of  not  to  exceed  thirty  cents  on  eacto  one  hundred  dollars  of 
tie  taxable  property  of  such  town  to  provide  funds  to  pay  such  indebtedness 
s  s  the  same  becomes  due  and  to  continue  such  levy  from  year  to  year  until 
sue),  indebtedness  is  paid.  Provided,  Tt-at  any  funds  in  the  treasury  of  the 
school  board  raised  for  the  payment  of  sucn  indebtedness,  and  the  funds 
to  be  raised  from  any  levy  made  by  the  school  town  prior  to  sucii  assumption 
fnd  payable  thereafter  shall  be  paid  to  the  treasurer  of  such  town  and  be 
tpplied  solely  to  the  payment  of  such  indebtedness  so  assumed. 


150 


SCHOOL    LAWS    OF    INDIANA 


CHAPTER  XIII. 

TRANSPORTATION  OF  SCHOOL  CHILDREN. 


SEC. 

271m.  Schools — Transportation  of   pupils 

— Payment  of  expense. 
271  n.  School  children,  transportation  of. 
271o.  Transfer  to  nearest  school. 
271p.  Duty  of  trustee. 
271q.  Expense  of  transfer. 
27 lr.   Conveyances,  ventilation  and  heat. 


SEC. 
271s. 
271t. 
27  lu, 


Drivers,  qualifications  of. 

Drivers  can  not  sublet  contract. 

Railroad    crossings — Caution    pre- 
scribed. 

27 Iv.  Expense,  payment  of. 
271w.  Penalty. 
27 Ix.  Prosecutor  to  enforce  provisions. 


[Acts  1913,  p.  655.] 

271m.      Schools — Transportation  of  Pupils — Payment  of  Expense. 

2.  It  shall  be  the  duty  of  the  township  trustee  to  provide  for  the  education 
of  such  pupils  as  are  affected  by  sucb  or  any  former  discontinuance  in  other 
schools,  and  they  shall  provide  and  maintain  means  of  transportation  for  all 
such  pupils  that  live  at  a  greater  distance  than  two  (2)  miles  and  for  all 
pupils  between  the  ages  of  six  (6)  and  twelve  (12)  that  live  less  than  two  (2) 
miles  and  more  than  one  (1)  mile  from  the  schools  to  which  they  may  be  trans- 
ferred, either  within  the  township  or  in  an  adjoining  townshi  p  or  school  corpora- 
tion, as  a  result  of  such  discontinuance.  In  all  townships  wnere  a  school 
has  been  abandoned  under  the  provisions  of  this  act,  the  trastee  shall  pro- 
vide for  the  transportation  of  all  pupils  of  any  other  school  of  su",h  township 
who  live  more  than  two  (2)  miles  and  all  pupils  between  the  ages  of  six  (6) 
and  twelve  (12)  that  live  more  than  one  (1)  mile  from  the  school  to  which 
they  are  attached,  whenever  a  majority  of  the  patrons  of  such  scliool  netition 
the  trustee  to  provide  such  transportation.  Such  transportation  shall  be  in 
comfortable  and  safe  conveyances.  The  drivers  of  such  conveyances  shall 
furnish  the  teams  therefor,  and  shall  use  every  "are  for  the  safety  of  the 
children  under  their  charge,  and  shall  maintain  discipline  in  such  convey- 
ances. Restrictions  as  to  the  use  of  public  highways  shall  not  apply  to  such 
conveyances.  The  expenses  necessitated  by  the  carrying  into  effect  of  the 
provisions  of  this  a^ t  shall  be  paid  from  the  special  school  fund.  (§6423.) 

1.  Prior  to  the  adoption  of  this  act,  school  officers  were  not  required  to  furnish 
free  transportation  to  pupils  to  and  from  public  schools. — State  v.  Jackson,  168  Ind. 
384,  81  N.  E.  62;  Nelson  v.  State,  168  Ind.  491,  81  N.  E.  486. 

2.  In  a  proceeding  to  compel  a  township  trustee  to  furnish  free  transportation  to 
pupils  to  and  from  schools,  it  must  be  shown  that  he  has  funds  that  may  be  used  for 
such  purpose. — State  v.  Anderson,    170   Ind.    540,    85    N.    E.    17;    Dunten   v.    State, 
172  Ind.  59,  87  N.  E.  733;  Waters  v.  State,  172  Ind.  251,  88  N.  E.  67. 

3.  In  proceedings  to  compel  trustees  to  furnish  transportation  for  pupils  to  and 
from  schools,  it  must  be  shown  that  trustees  have  sufficient  money  in  their  hands  to 
furnish  such  transportation  to  all  pupils  entitled  to  the  same. — Waters  v.  State,  172 
Ind.  251,  88  N.  E.  67. 

4.  Vehicles  need  not  go  to  the  home  of  each  pupil,  but  pupils  may  be  required  to 
travel  a' reasonable  distance  to  meet  a  vehicle. — Lyle  v.  State,  172  Tnd.  502,  88  N.  E. 
850. 


II 


SCHOOL   LAWS    OF    INDIANA  151 

Notice  need  not  be  given  to  the  letting  of  contracts  for  the  hauling  of  pupils 
t»  schools,  nor  is  it  necessary  for  the  advisory  board  to  act  with  the  township  trustee 
ii  the  making  of  such  contracts. — Patterson  v.  Middle  Tp.,  98  N.  E.  440. 

6.  TRUSTEES    CAN  NOT  BE    MANDATED  TO   FURNISH    TRANSPORTATION    UNLESS 
A  IVISORY  BOARD  HAS  MADE  APPROPRIATION.     A  township  trustee  can  not  be  raan- 
d   ted  to  provide  transportation  for  school  children,  unless  it  first  be  shown  that  his 
a   visory  board  has  appropriated  the  money  therefor,  or  has  authorized  him  to  borrow 
t   e  necessary  money. — State  ex  rel.,  Fairchilds  v.  Anderson,  170  Ind.  540. 

7.  CHANGE  OF  SITE   DOES  NOT  ENTITLE  TO  TRANSPORTATION.     The  township 
t:  ostee  is  not  required  to  furnish  transportation  to  pupils  living  more  than  two  miles 
(     more  than  one  mile  and  less  than  two  miles  from  school,  where  children  are  between 
!»  <  and  twelve  years  of  age,  in  a  case  where,  upon  petition  of  the  patrons,  the  site   of 
t-  .ch  schoolhouse  has  been  changed,  and  the  distance  thereby  made  greater,  but  said 
s  hool  not  abandoned  or  discontinued. — Bingham,  Att.-Gen. 

[Acts  1917,  p.  130.] 

271n.      School    Children,    Transportation    of.      1.     That    township 

rustees  shall  provide  and  maintain  means  of  transportation  for  all  pupils 

•  f  public  schools  that  live  at  a  greater  distance  tban  two  (2)  miles  and  for  all 

•upils  between  the  ages  of  six  (6)  and  twelve  (12)  years  that  live  at  a  greater 

.istance  tban  one  (1)  mile  from  the  schools  to  which  trey  are  assigned. 

NOTE.  Township  trustees  can  not  be  compelled  to  transport  pupils  beyond  corpor- 
te  limits. — Stansbury.  Att.-Gen. 

271o.  Transfer  to  Nearest  School.  2.  When  pupils  live  within  a 
listance  nearer  to  another  school  of  the  same  or  different  township  in  the 
jame  or  different  Bounty,  than  the  school  to  which  they  are  assigned,  it  shall 
oe  the  duty  of  the  township  trustee,  upon  application  from  the  parent, 
guardian  or  custodian  of  su^h  pupils,  to  issue  a  transfer  to  the  nearer  school . 

NOTE.     Other  grounds  for  transfers,  see  §272. 

271  p.  Duty  of  Trustee.  3.  In  all  cases  where  pupils  are  transferred 
to  schools  in  adjoining  townships  in  the  same  county  or  in  adjoining  townships 
in  adjoining  Bounties,  it  shall  be  the  duty  of  the  township  trustee  of  the  town- 
shi;>  in.  which  is  located  the  school  to  whi^h  the  transfer  is  issued,  to  provide 
for  the  transportation  of  such  pupils:  Provided,  That  SUCL  transportation 
will  not  necessitate  any  additional  wagons  or  require  an  additional  distance 
to  be  traveled. 

271q.  Expense  of  Transfer.  4.  The  township  trustee  having  charge 
of  the  school  from  which  p'ipils  are  transferred  shall  pay  to  the  township 
trustee  of  the  township  to  whi.;h  they  are  transferred,  an  amount  equal  to 
tne  per  capita  -jost  of  transportation  and  education  of  such  pupils  of  such 
township. 

l.  A  school  corporation  to  which  pupils  have  been  transferred,  can  not  collect 
anything  tor  transportation  unless  such  corporation  actually  furnished  transportation 
to  the  pupils  transferred. — Stansbury,  Att.-Gen.,  Official  opinion  dated  June  19,  1917. 

271r.  Conveyances,  Ventilation  and  Heat.  5.  In  order  to  insure 
the  health  and  comfort  of  children  who  are  transited  as  is  nerein  provided, 
it  shall  be  the  duty  of  the  township  trustees  to  provide  covered  wagons  or 
conveyances  witL  windows  in  each  side  as  well  as  in  the  front  and  rear. 
Tfcese  wagons  or  conveyances  shall  be  equipped  with  suitable  arrangements 
for  iieating  in  the  winter  time. 

271s.  Drivers,  Qualifications  of.  6.  It  shall.be  the  duty  of  township 
trustees  to  hire  drivers  for  such  wagons  or  conveyances  who  shall  furnish 

f 


152 


SCHOOL   LAWS    OF  'INDIANA 


safe  teams  except  when  automobiles  are  used.  In  all  cases  these  drivers 
mast  be  twenty-one  (21)  years  of  age  or  older  and  of  good  moral  character, 
and  must  be  experienced  in  the  handling  of  teams  or  the  driving  of  automo- 
biles, depending  on  which  is  used. 

271t.  Drivers  Can  Not  Sublet  Contract.  7.  Su'-h  driver  snail  not 
sublet  such  contracts  for  driving  school  conveyances  under  penalty  of  for- 
feiture: Provided,  That  in  the  case  of  illness  or  unavoidable  absence,  sub- 
stitutes be  temporarily  appointed:  Provided,  That  su^h  substitutes  shall 
meet  with  the  approval  of  the  township  trustee  and  shall  possess  the  same 
qualifications  as  specified  in  section  six  (6)  of  this  act. 

271u.  Railroad  Crossings — Caution  Prescribed.  8.  In  order  to 
provide  for  the  safety  of  school  children,  it  shall  be  unlawful  for  any  person 
or  persons  driving  any  township  wagon  or  conveyance,  as  is  herein  provided 
for,  and  used  for  the  puri.ose  of  carrying  children  to  and  from  school,  to 
nermit  sucn  wagon  or  conveyance -to  cross  or  enter  upon  the  tracks  or  track 
of  any  steam  or  electric  railroad,  upon  approaching  thereto,  without  having 
first  brought  such  wagon  or  conveyance  to  a  full  stop,  and  having  some  re- 
sponsible occupant  of  such  wagon  or  conveyance  get  out,  walk  ahead  to  such 
track  or  tracks  and  declare  the  same  to  be  clear  after  having  looked  in  both 
directions,  for  approaching  trains  or  cars. 

271v.  Expense,  Payment  of.  9.  The  expenses  necessitated  by  the 
carrying  into  effect  of  the  provisions  of  this  act  shall  be  paid  from  the  special 
school  fund. 

271  w.  Penalty.  10.  Any  person  or  persons  violating  any  of  the  pro- 
visions of  this  act  shall,  on  conviction,  be  fined  in  any  sum  not  exceeding 
five  hundred  dollars  ($500)  to  which  may  be  added  imprisonment  in  the 
county  jail,  not  exceeding  six  (6)  months. 

271x.  Prosecutor  to  Enforce  Provisions.  11.  Whenever  any  town- 
ship trustee  shall  fail  to  issue  a  transfer  to  another  school  as  is  herein  pro- 
vided, or  fails  to  provide  suitable  transportation  as  is  herein  specified  and 
dest-ribed,  it  shall  be  the  duty  of  trie  county  prosesuting  attorney,  upon 
relation  of  any  parent,  guardian  or  custodian  of  any  child  of  scuool  age  in 
such  county,  to  make  an  investigation  and  bring  such  action  as  shall  be  neces- 
sary to  enforce  the  provisions  of  this  act:  Provided,  That  the  expense  of 
such  investigation  and  of  any  legal  action  which  the  prosecuting  attorney 
may  deem  necessary,  shall  be  borne  by  the  county  in  which  such  prosecuting 
attorney  has  jurisdiction. 


CHAPTER  XIV. 
TRANSFER  OF  PUPILS. 


2  2.     Reasons  for  transfer. 

2  :*.  Schools — Transfer  of  pupils — Tui- 
tion. 

2  4.     Appeal. 

2  5.  Payment  of  tuition — Refusal  to 
make. 

-  '6.     Rights  not  abridged. 

1  '7.     Settlements  for  transfers 

1  78.  Transfer  to  school  corporation  of 
100,000. 

:  79.     Payment  of  tuition. 


SEC. 

280.  Orphans'  Homes — Transfer  of  chil- 

dren to. 

281.  Transfer  tuition — Fund — Rate. 

282.  Transfer  denied — Appeal — Penalty. 

283.  Adjustment   of    tuition    indebted- 

ness. 

284.  Special  written  agreements. 

28o.     Transfer  outside  of  state — Tuition. 
28fi.     Indiana  Soldiers'   and  Sailors'  Or- 
phans' Home — Admission. 


[Acts  1901,  p.  448.    Approved  March  11,  1901.] 

272.  Reasons  for  Transfer.  1.  Whenever  any  child,  resident  in 
>ne  school  corporation  of  the  state,  may  be  better  accommodated  in  the 
chool  of  another  corporation,  the  school  trustee,  board  of  school  trustees  or 
Commissioners  of  the  school  corporation  in  which  such  child  resides  shall, 
ipon  the  application  of  the  parent,  guardian  or  custodian  of  such  child, 
nade  at  any  time,  grant  an  order  of  transfer  which  shall  entitle  such  child 
DO  attend  the  schools  of  the  corporation  to  which  such  transfer  is  made  under 
the  conditions  hereinafter  prescribed:  Provided,  That  in  determining  whether 
a  child  can  be  better  accommodated  in  the  schools  of  another  school  cor- 
poration than  that  in  which  such  child  resides,  such  matters  as  the  proximity 
of  the  schools  of  the  township  and  city  to  the  residence  of  such  child  desiring 
the  transfer;  the  kind  and  character  of  the  roads  to  each;  the  means  of  trans- 
portation, if  any,  to  each;  the  crowded  conditions  of  the  schools  in  either  of 
the  two  school  corporations  shall  be  pertinent:  And,  Provided,  further, 
That  the  desire  to  attend  a  commissioned  or  accredited  [certified]  high  school, 
when  no  such  school  is  maintained  in  the  resident  school  corporation,  or 
when  in  attending  such  commissioned  or  accredited  high  school  the  living 
expenses  can  be  more  advantageously  provided  for  in  another  school  cor- 
poration, or  when  such  commissioned  or  accredited  high  school  in  another 
school  corporation  is  more  accessible,  shall  be  deemed  reasons  for  such  trans- 
fer: And,  Provided,  further,  That  the  provisions  of  this  act  shall  be  construed 
as  applying  in  the  same  manner  to  resident  pupils  who  are  graduates  from 
the  eighth  grade  in  the  common  schools  of  this  state,  or  its  equivalent,  who 
may  desire  to  attend  a  private  school  o'f  the  secondary  rank,  which,  having 
been  duly  approved  by  the  state  board  of  education,  holds  the  same  rank  as 
a  commissioned  high  school.  (§6449  as  amended  1909,  p.  173.) 

NOTE.     Distance  from  school  grounds  for  transfer,  see  §27 lo. 

1.  The  state  board    of  education    fixes   standards   to   be   maintained    by   non- 
commissioned and  non-certified  high  schools  so  as  to   make  the   work   done  by  such 
schools  count,  uponthe  courses  in  commissioned  and  certified  high  schools. 

2.  ANNUAL  TRANSFER.     Transfers  have  to  be  made  every  year;  a  transfer  for 
one  year  Is  not  valid  for  the  next  year. — Edwards  v.  Trustee,  etc.,  143  Ind.  84. 


154  SCHOOL    LAWS    OF    INDIANA 

3.  THE  RIGHT  OF  TRANSFER.     Formerly  persons  could  be  transferred  at  no  other 
time  than  at  the  time  enumeration  was  taken,  and  then  only  when  the  trustee  was 
satisfied  that  they  could  be  better  accommodated. — Edwards  v.  Trustee,  etc.,  143  Ina. 
84 ;  but  now  the  transfer  may  be  made  at  any  time. 

4.  APPEAL.     The  right  to  be  transferred  is  not  absolute,   depending  upon  the 
choice  of  the  citizen,  like  the  right  to  be  attached  to  any  school  in  his  township.    It 
can  only  be  claimed  if  he  "can  be  better  accommodated"  by  such  transfer,  and  the  power 
of  the   trustee    to  make  the  transfer  depends  upon  the  existence  of  that  condition. 
Of  necessity,  then,  he  must  determine  whether  or  not  the  condition  exists,  and  act 
upon  such  determination.    But  his  decision  is  not  final.    Section  445  expressly  provides 
for  an  appeal  to  the  coimty  superintendent  from  all  decisions  of  the  trustee  relative 
to  school  matters;  and  for  the  purpose  of  preventing,  as  far  as  can  be,  vexatious  liti- 
gation, provides  that  the  decision  of  the  county  superintendent  shall  be  final  as  to 
certain  matters,  among  which  is  enumerated  "transfers  of  persons  for  school  purposes." 
— Fogle  v.  Gregg,  26  Ind.  345;  Edwards  v.  Trustee,  etc.,  143  Ind.  84.    See   §181. 

5.  BETTER  ACCOMMODATIONS.     The  right  of  transfer  for  educational  purposes, 
provided  by  statute,  is  given  only  to  persons  who  can  be  better  accommodated  thereby. 
It  is  a  personal  right,  and  each  request  for  transfer  is  to  be  considered  and  determined 
upon  its  merits  as  a  separate  case  by  the  school  officers;  that  is,  can  the  person  re- 
questing the  transfer,  taking  all  the  surroundings  and  conditions  that  will  exist  during 
the  coming  school  year  into  consideration,  be  better  accommodated  during  such  year 
with  school  privileges  at  the  schools  of  the  school  corporations  to  which  he  seeks  transfer 
than  at  the  schools  of  the  school  corporation  in  which  he  resides. 

In  the  determination  of  this  question  many  things  would  be  material  and  pertinent ; 
the  proximity  of  the  schools  in  the  township  and  city  to  the  residence  of  relator;  the 
kind  and  character  of  the  roads  to  each;  the  means  of  transportation,  if  any,  to  each; 
the  crowded  condition  of  the  schools  in  either  of  the  two  school  corporations.— Edwards 
v.  Trustee,  etc.,  143  Ind.  84. 

6.  TAXES   OF  TRANSFERRED   PERSONS.     Persons  now  transferred  are  no  longer 
taxed  in  the  township  to  which  they  are  transferred,  unless  they  have  property  in  that 
township.    For  a  decision  on  the  old  law,  see  Johns  v.  State,  130  Ind.  522. 

7.  To  WHAT  TAXES  LIABLE.     Formerly  a  transferred  person  was  liable  to  all 
taxes  levied  for  school  purposes  in  the  corporation  to  which  he  was  transferred,  and  at 
the  same  rate  as  resident  school  patrons. — Johns  v.  State,  130  Ind.  522. 

8.  CONSTITUTIONAL.     The  provisions  of  the  old  section  authorizing  the  taxation 
of  the  person  transferred  was  constitutional. — Kent  v.  Town  of  Kentland,  62  Ind.  291; 
Robinson  v.  Schenck,  102  Ind.  307,  315. 

9.  MUST   RECEIVE.     The  person  transferred   must  be  received   by   the   school 
corporation  to  which  the  transfer  is  made. — Edwards  v.  Trustee,  etc.,  143  Ind.  84. 

10.  REQUEST  NECESSARY.     Unless  the  person  to  be  transferred  requests  it,   a 
transfer'can  not  be  made. — Edwards  v.  Trustee,  etc.,  143  [nd.  84. 

11.  APPEAL  ON  REFUSAL  TO  MAKE  TRANSFER.     The  person  desiring  to  be  trans- 
ferred has  the  right  to  appeal  if  his  request  be  denied;  and  so  has  the  corporation  to 
which  a  transfer  is  made.     The  appeal  must  be  taken  within  thirty  days  after  the  re- 
quest is  made  and  refusal  given;  or,  in  case  of  the  school  corporation,  within  thirty  days 
after  it  is  notified  of  the  transfer.    On  appeal,  the  decision  of  the  county  superintendent 
is  final. — Edwards  v.  Trustee,  etc.,  143  Ind.  84. 

12.  LENGTH  OF  TIME  OF  TRANSFER.     It  has  been  rigidly  held  by  the  supreme 
court  that  a  transfer  is  for  a  full  year  regardless  of  the  length  of  term  of  school  in  the 
corporation  from  which  the  transfer  is  made.    Therefore,  if  a  child  is  transferred  from 
a  corporation  maintaining  a  six  months'  term  to  a  corporation  that  maintains  a  nine 
months'  term  the  said  child  is  entitled  to  nine  months  of  school  as  provided  where 
transferred. 

13.  TRANSFER  OF  HIGH  SCHOOL  PUPILS.     All  pupils  are  entitled  to  a  four  years' 
high  school  course  in  a  commissioned  high  school,  and  when  the  corporation  in  which 
the  pupil  lives  does  not  maintain  such  a  course  the  pupil  is  entitled  to  a  transfer  to -a 
commissioned  high  school. 


SCHOOL    LAWS    OF    INDIANA  155 


-Transfer  of  Pupils — Tuition.  2.  If  such  transfer 
is  granted,  the  school  trustee  or  board  of  school  trustees,  or  commissioners 
o!  the  school  corporation  in  which  such  child  resides,  shall  pay  out  of  tin? 
s]  ecial  school  fund,  or  out  of  the  township  fund  or  out  of  the  tuition  fund  at 
h  i  discretion,  to  the  school  trustee,  board  of  school  trustees  or  coramis- 
s  HUTS  of  the  school  corporation  to  which  such  child  is  transferred,  as  tuition 
/  -  such  child,  an  amount  equal  to  the  annual  per  capita  cost  of  education  in 
ti  z  corporation  to  which  said  child  is  transferred;  or  such  a  part  of  it  as  the  term 

0  enrollment  of  said  child  in  the  schools  of  the  crpditor  corporation  may  re- 
(i  lire:      IJr<n-i<lr.d,  That  the  per  capita  cost  in  high  schools  shall  be  calculated 

1  oon  the  basis  of  expenditures  for  high  school  purposes,  and  the  per  capita 
(  >st  in  grade  schools  shall  be  calculated  upon  the  basis  of  expenditure  for 
t  le  schools  below  the  high  school:     Provided,  That  in  case  the  corporation 
1  -ansf  erring  said  child  maintains  a  school,  or  schools,  of  like  grade  to  which 
:•  lid  child  is  transferred,  the  rate  of  tuition  shall  in  no  case  exceed  the  per 

•  apita  cost  in  said  school,  or  schools,  maintained  by  the  corporation  which 
ransfers  such  child.     In  calculating  the  per  capita  cost,  only  expenditures 
>r  the  current  year,  not  including  permanent  improvements  and  additions, 
hall  be  counted  and  shall  be  based  on  the  following  items:     Salaries  of  in- 
tructors,  supervisors  and  superintendent,  salary  of  janitor,  fuel  and  light, 
>rinting  and  laboratory  supplies. 

[As  amended  Acts  1915,  p.  35.] 

NOTE.  The  above  repeals  §2  of  the  law  of  1901,  as  amended  Acts  of  1909,  page 
J22.  same  being  section  G450  Burns'  Rev.  Stat.  1914. 

1.  In  determining  the  per  capita  cost,  the  total  cost  should  be  divided  by  the 
average  monthly  enrollment. 

2.  In  small  high  schools  where  the  superintendent  devotes  a  part  of  his  time  to 
teachinu'.  the  contract  should  show  the  proportionate  amounts  paid  for  teaching  and 
supervision.     The  tuition  fund  should  be  used  in  paying  for  teaching.     The  total  cost 
for  in-;)  ruci  ion  should  include  the  teaching  part  of  superintendent's  salary. 

27  I.  \p ural.  3.  If  an  order  of  transfer  be  denied  to  the  school  cor- 
poration in  which  the  said  custodial  institution  or  orphans'  home  is  located, 
said  school  corporation  by  its  proper  officer  or  officers  may  appeal  the  case 
to  the  county  superintendent  of  schools  of  the  county  denying  said  transfer. 
Kit  her  school  corporation  by  its  proper  officer  or  officers  may  appeal  from  the 

•  Incision  of  the  county  superintendent  of  schools  to  the  state  superintendent 
of  public  instruction,  within  sixty  days,  by  filing  a  written  statement  of  the 

Did  serving  written  notice  upon  the  other  contesting  corporation. 
(§6460.) 

1.  FINAL,  DK<  isn.s.     The  county  superintendent's  decision  is  final. 

2.  TIME  FOR  APPEAL.     The  appeal  must  be  taken  within  thirty  days  after  refusal 
to  make  the  transfer  has  been  made  by  the  trustee. 

275.      Payment   of  Tuition — Refusal   to   Make.     4.     The  indebted- 

OT  tuition  between  school  corporations  arising  from  the  provisions  of 
this  act  shall  be  due  and  payable  February  1st  and  July  30th  of  every  year. 
If  any  school  trustee  or  board  of  school  trustees  or  commissioners  refuse 
to  pay  any  sums  claimed  by  another  corporation  as  due,  the  creditor  cor- 


156  SCHOOL   LAWS    OF   INDIANA 

poration  shall  make  written  statement  of  the  case  to  the  county  auditor* 
who  shall  have  power  to  hear  and  determine  the  matter.  If  he  hold  that 
a  given  sum  is  due  the  complaining  corporation,  he  shall,  in  the  next  semi- 
annual distribution  of  school  revenues,  withold  such  sum  from  the  amount 
otherwise  due  the  debtor  corporation:  Provided,  That  unpaid  tuition  claims 
arising  between  corporations  of  different  counties  shall  be  adjusted  by  the 
state  superintendent  of  public  instruction,  through  the  apportionment  of 
school  revenues.  (§6452.) 

276.  Rights  not  Abridged.     5.     Nothing  in  this  act  shall  be  construed 
to  abridge  the  right  of  trustees,  boards  of  trustees  or  commissioners  of  two 
or  more  corporations  to  enter  into  written  agreements  to  educate  the  trans- 
ferred children  of  their  respective  corporations  for  a  charge  less  than  that 
named  in  §2  of  this  act.     (§6453.) 

[Acts  1907,  p.  221.    Approved  March  9,  1907.] 

277.  Settlements  for  Transfers.      1.     Any  school  trustee,  board  of 
school  trustees  or  commissioners  of  any  school  corporation  which  shall  re- 
ceive transfer  of  children  from  another  school  corporation,  shajl  on  or  before 
the  third  Monday  in  June  of  each  year,  file  with  the  school  trustee,  board 
of  school  trustees  or  commissioners  of  the  school  corporation  in  which  such 
transferred  child  or  children  reside,  a  complete  statement  showing  all  of  such 
transfers,  giving  the  name  of  each  child  and  the  school  corporation  from 
which  each  child  was  received,  together  with  a  statement  of  the  attendance 
of  each  child  so  transferred  and  the  amounts  due  to  the  corporation  to  which 
such  transfer  has  been  made  because  of  the  same,  and  also  a  certified  statement 
of  the  annual  per  capita  cost  of  maintaining  the  school  or  schools  which 
such  transferred  child  or  children  attended  during  the  year.     The  school 
trustee,  board  of  school  trustees  or  commissioners  of  the  school  corporation 
from  which  said  child  or  children  were  transferred  shall  pay  out  of  the  special 
school  fund  or  out  of  the  township  fund,  or  out  of  the  tuition  fund,  of  his  cor- 
poration, at  his  discretion,  to  the  school  trustee,  board  of  school  trustees 
or  commissioners  of  the  school  corporation  to  which  such  child  or  children 
were  transferred,  on  or  before  the  1st  day  of  August  next  following  the  re- 
ceipt of  the  aforesaid  statement  of  the  amount  of  tuition  thus  due  and  in  the 
event  of  failure  to  pay  said  tuition  when  due,  a  penalty  of  ten  per  cent  shall 
attach  from  and  after  the  1st  day  of  August  of  the  year  in  which  such  tuition 
is  due:     Provided,  That  the  school  trustee,  board  of  school  trustees  or  com- 
missioners of  any  school  corporation  now  indebted  to  any  other  school  cor- 
poration on  account  of  the  transfer  of  any  child  or  children,  are  hereby 
authorized  to,  and  they  shall  pay  such  indebtedness  out  of  the  special  school 
fund  now  belonging  to  the  corporation  so  indebted,  and  not  otherwise  ap- 
propriated.    (§6454  as  amended  1909,  p.  331.) 

1.  NOTE.  A  transfer  certificate  is  the  legal  evidence  that  a  pupil  has  the  right 
to  enter  the  schools  of  a  corporation  other  than  his  own.  It  is  an  evidence  of  a  legal 
claim  of  a  creditor  corporation  against  a  debtor  corporation.  It  is  the  better  practice 
for  school  authorities  to  insist  that  transfer  certificates  be  filed  before  pupils  from 
outside  corporations  are  received  into  their  schools. 


SCHOOL    LAWS    OF    INDIANA  157 

[Acts  1901,  p.  513.     Approved  March  11,  1901.] 

278.  Transfer  to  School  Corporation  of  100,000.     1.     Whenever  a 
ch   d  shall  In?  transferred  for  school  purposes  from  one  school  district  or  cor- 
po  ation  to  another,  the  latter  having  a  population  of  more  than  100,000, 
ac  ording  to  the  last  preceding  United  States  census,  in  case  the  parent, 
gt.  irdian  or  custodian  of  such  child  is  at  the  time,  prior  to  August  1st,  in  any 
yt  ,r,  a  taxpayer  in  the  district  to  which  the  transfer  is  made,  any  tuition 
p;  /able  by  law  on  account  of  such  transfer  by  the  corporation  making  it, 
si  ill  be  reduced  or  credited  to  the  extent  of  all  current  school  taxes  levied 
b;    the  corporation  to  which  the    transfer  is  made  and  payable  by  such 
p,  rent,  guardian   or  custodian.     (§6455.) 

279.  Payment  of  Tuition.     2.     If  any  parent,  guardian  or  custodian 
o  a  child  entitled  by  law  to  attend  the  common  schools  of  one  district  school 

0  school  corporation  of  this  state  desires  to  have  the  child  transferred  for 
s<  hool  purposes  to  another  such  school  district  or  school  corporation  of  this 
s  ate,  thelatter  having  a  population  of  more  than  100,000,  according  to  the  last 

1  oited  S  tates  census,  and  he  fails,  or  is  unable  to  procure  such  transfer  to 
1  '  made,  as  provided  by  law,  in  such  case  if  the  child  shall  nevertheless  be 
a  icepted  as  a  scholar  in  the  common  schools  of  such  district  or  corporation 
t  •  which  the  transfer  was  desired,  any  tuition  for  the  child  payable  by  the 
I  irent,  guardian  or  custodian  to  the  school  corporation  where  the  child  shall 
I  9  so  accommodated  shall  be  reduced  or  credited  to  the  extent  of  all  current 
s  jhool  taxes  levied  by  the  school  corporation  so  accommodating  the  child, 
iind  payable  by  such  parent,  guardian  or  custodian.     (§6456.) 

[Acts  1903,  p.  15.    Approved  February  6,  1903.] 

280.  Orphans'   Homes — Transfer  of  Children   to.      1.     Dependent 
<  hildren  in  orphans'  homes  or  custodial  institutions  for  dependent  children 
in  this  state,  shall  be  educated  by  the  township  trustee  or  school  board  of  the 
corporation  in  which  the  custodial  institution  or  orphans'  home  is  located. 
That    tin-  board  of  commissioners  of  any.  county,  the  board  of  children's 
ruardians.   township  trustees,  truant  officers,  state  agents,  juvenile  courts 
md  other  courts  and  persons  authorized  by  law  to  place  dependent  children 
n  custodial  institution-;  of  this  state,  shall  immediately  upon  the  placing  of 
my  child  or  children  in  any  such  custodial  institution,  give  notice  to  the  school 
corporation  from  which  said  child  came  that  said  child  has  been  placed  in 
<\u-}}  custodial  institution.     That  a  transfer  certificate  shall  be  issued  by  the 
trustee  or  school  hoard  when-  such  child  has  a  legal  settlement,  for  each  de- 
pendent child  in  such  custodial  institution  or  orphans'  home,  and  sent  to  the 
proper  school  officer  or  officers  of  the  school  corporation  where  said  custodial 
institution  or  orphan*'  home  is  located:     Provided^ That  in  the  event  of  a 
transfer  of  a  child  from  one  custodial  inst  it  ution  or  orphans'  home  to  another, 
a  new  transfer  certificate  shall  be  issued.     That  each  school  corporation  thus 
transferring  a  child  or  children  shall  l>e  credited  at  the  end  of  the  school  year 
on  its  transfer  account  to  the  amount  of  the  annual  per  capita  distribution 
made  by  the  state  superintendent  of  public  instruction  when  such  child  has 
b.-i-ii  enumerated  in  the  custodial  institution  or  orphans'  home.     That  ac- 
count shall  IM-  kept  hy  the  custodial  institution  or  orphans'  home  of  the  actual 

1  days  each  child  is  an  inmate  of  said  custodial  institution  or  orphans' 


158  SCHOOL    LAWS    OF    INDIANA 

home,  and  the  same  reported  to  the  proper  school  officer  where  said  institu- 
tion is  located  a.t  the  end  of  the  school  year:  Provided,  That  the  report 
from  any  such  custodial  institution  to  the  township  trustee  or  the  school 
board  of  the  corporation  in  which  the  same  is  located,  shall  also  contain  the 
name  of  the  school  corporation  in  which  said  child  has  a  legal  settlement, 
the  date  when  entering  said  institution,  when  removed,  and  the  age  of  said 
child.  That  each  dependent  child  in  custodial  institutions  or  orphans' 
homes  in  this  state  shall  be  enumerated  where  it  is  at  the  time  the  enumer- 
ation is  taken,  whether  it  be  in  the  child's  own  school  corporation  or  the 
school  corporation  where  the  custodial  institution  is  located,  but  said  enumer- 
ation shall  not  change  the  legal  settlement  of  any  such  child.  (§6458  as 
amended  1907,  p.  310.) 

NOTE.  Since  the  transfer  certificate  is  essential  to  enable  the  creditor  corporation 
to  establish  its  claim,  trustees  of  corporations  in  which  orphans'  homes  are  located 
should  insist  upon  having  transfers  before  receiving  such  pupils  into  their  schools. 

281.  Transfer    Tuition— Fund— Rate.       2.     That    the    school    cor- 
poration in  which  such  child  has  settlement  shall  pay  out  of  the  special  school 
fund  or  out  of  the  township  fund  or  out  of  the  tuition  fund  at  the  discretion 
of  the  trustee  of  the  township,  board  of  school  trustees  or  commissioners  of 
the  school  corporation,  to  the  school  corporation  in  which  said  institution  is 
located,  as  tuition  for  said  child,  an  amount  equal  to  the  annual  per  capita 
cost  of  education,  in  the  corporation  to  which  said  child  is  transferred,  Pro- 
vided, That  if  said  child  is  a  resident  of  said  school  corporation  for  less  than 
one  (1)  year,  said  annual  per  capita  cost  shall  be  pro-rated.     In  calculating 
the  per  capita  cost,  only  expenditures  for  current  year,  not  including  perma- 
nent improvements  and  additions,  shall  be  counted. 

[As  amended,  Acts  1917,  p.  89. J 

282.  Transfer  Denied — Appeal — Penalty.     3.     If  an  order  of  trans- 
fer be  denied  to  the  school  corporation  in  which  the  said  custodial  institu- 
tion or  orphans'  home  is  located,  said  school  corporation  by  its  proper  officer 
or  officers  may  appeal  the  case  to  the  county  superintendent  of  schools  of 
the  county  denying  said  transfer.     Either  school  corporation  by  its  proper 
officer  or  officers  may  appeal  from  the  decision  of  the  county  superintendent 
of  schools  to  the  state  superintendent  of  public  instruction,  within  sixty  (60) 
days,  by  filing  a  written  statement  of  the  case  and  serving  written  notice 
upon  the  other  contesting  corporation.     Any  township  trustee  or  secretary 
of  a  school  board  who  refuses  to  issue  transfer  to  any  pupil  sent  from  his 
school  corporation  to  an  orphans'  home  for  school  purposes,  shall  be  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  not  less  than 
ten  dollars  ($10)  nor  mdre  than  twenty-five  ($25.) 

[As  amended  Acts  1917,  p.  89.] 

283.  Adjustment  of  Tuition  Indebtedness.     4.     The  indebtedness 
for  tuition  between  school  corporations  arising  from  the  provisions  of  this  act 
shall  be  due  and  payable  February  1st  and  July  30th  of  every  year.     If  any 
school  trustees  or  board  of  school  trustees  or  commissioners  refuse  to  pay 
any  sums  claimed  by  another  corporation  as  due,  the  creditor  corporation 
shall  make  written  statement  of  the  case  to  the  county  auditor,  who  shall  have 


po  /er  to  hear 


SCHOOL    LAWS    OF    INDIANA  159 


po  /er  to  hear  and  determine  the  matter.  If  he  hold  that  a  given  sum  is  due 
th>  complaining  corporation,  he  shall,  in  the  next  semi-annual  distribution 
of  school  revenues  withhold  such  sum  from  the  amount  otherwise  due  the 
dt  )tor  corporation:  Provided,  That  unpaid  tuition  claims  arising  between 
co  porations  of  different  counties  shall  be  adjusted  by  the  state  superinten- 
it  of  public  instruction,  through  the  apportionment  of  school  revenues. 


4.  Special  Written  Agreements.  5.  Nothing  in  this  act  shall  be  con- 
to  abridge  the  right  of  trustees,  boards  of  trustees  or  commissioners  of 
o  or  more  corporations  to  enter  into  written  agreements  to  educate  the 
ti  msferred  children  of  their  respective  corporations  for  a  charge  less  than 
t  at  named  in  §2  of  this  act,  nor  shall  this  act  applyto  children  main- 
t  inrd  in  any  institution  supported  out  of  the  state  treasury.  (§6462.) 

[Acts  1911,  p.  487.    Approved  Marcn  6,  1911.] 

285.  Transfer  Outside  of  State — Tuition.  1.  That  whenever  the 
<  lildren,  resident  in  any  school  corporation  of  the  State  of  Indiana  may  be 
1  etter  accommodated  in  the  schools  of  another  school  corporation  or  district 
(  utside  of  the  State  of  Indiana  but  adjoining  such  school  corporation  in  In- 
(  iana,  then  the  school  trustee,  board  of  school  trustees  or  commissioners  of 
t  iich  school  corporation  in  which  such  children  reside,  shall,  upon  petition  of 
«  majority  of  school  patrons  of  such  school  corporation,  grant  orders  of  trans- 
ler  to  all  children  in  such  school  corporation,  between  the  ages  of  six  and 

wenty-one  years  who  may  desire  to  attend  school,  to  such  school  corporation 
«>r  district  outside  of  the  State  of  Indiana;  and  for  each  child  so  transferred, 

iii-h  school  trustee  of  each  township  and  the  trustees  of  each  school  town  and 
ichool  city  shall  pay  to  such  foreign  school  corporation  as  a  tuition  fee  for  each 
Dupil,  a  sum  not  exceeding  two  dollars  per  month  for  common  school  educa- 
tion, and  a  sum  not  exceeding  four  dollars  per  month  for  graded  high  school 
education,  payable  from  the  special  fund  of  such  school  corporation:  Pro- 
vided, That  such  transfer  shall  not  be  made  if  a  graded  high  school  be  situated 
within  a  distance  of  two  miles  of  such  school  corporation  within  the  State  of 
Indiana:  Provided,  further,  That  no  transfers  shall  be  made  until  a  satis- 
factory written  contract  shall  be  executed  by  such  school  corporation  and 
such  foreign  school  corporation  or  proper  school  authority.  (§6448a.) 


286.      Indiana  Soldiers'  and  Sailors'  Orphans'  Home — Admission. 

9.  The  trustees  and  (under  regulations  and  a  form  of  application  which  they 
shall  prescribe)  the  superintendent  are  authorized  and  required  to-receive,  as 
pupils  into  said  home,  orphans  and  children  residing  in  this  state,  under  the 
age  of  sixteen  (16)  years  who  may  be  destitute  of  the  means  of  support  and 
education  in  the  following  order: 

First:  Orphan  children  of  deceased  Union  soldiers  or  sailors  in  the  army 
or  navy  of  the  United  States  in  the  late  civil  war,  or  in  the  war  with  Spain,  or 
in  the  war  in  the  Philippine  islands  or  in  the  regular  service  of  the  United 
States,  said  orphans  not  having  mothers  living.  If  there  be  not  applications 
for  the  admission  of  persons  of  this  class  sufficient  to  fill  said  home,  then  there 
shall  be  in  like  manner  admitted: 


160 


SCHOOL    LAWS    OF    INDIANA 


Second:  Orphans,  children  of  such  deceased  soldiers  or  sailors,  said  or- 
phans having  mothers  living.  If  there  be  not  applications  for  the  admission 
of  persons  of  said  two  classes  sufficient  to  fill  said  home  then,  in  like  manner, 
there  shall  be  admitted: 

Third:  Children  of  permanently  disabled  or  indigent  soldiers  or  sailors 
of  said  service  residing  in  this  state,  or  in  national  military  homes,  having 
been  admitted  thereto  from  this  state.  If  there  be  not  applications  for  the 
admission  of  persons  of  said  three  (3)  classes  sufficient  to  fill  said  home,  then, 
in  like  manner,  there  shall  be  admitted: 

Fourth:  All  grandchildren  of  soldiers  and  sailors  whose  father  or  mother 
have  died  or  have  been  committed  to  an  asylum  for  the  insane.  All  childre  n 
admitted  to  said  home  as  pupils  thereof  shall  be  supported  and  educated 
therein  until  they  shall  be  sixteen  (16)  years  of  age,  unless  for  good  cause 
sooner  discharged.  Any  of  said  pupils,  who,  by  reason  of  physical  disability  or 
other  cause  may  be,  in  the  judgment  of  said  board,  unable  to  earn  a  livelihood, 
shall  be  retained  as  pupils  of  said  home  until  they  shall  be  eighteen  (18)  years 
of  age. 

[As  amended,  Acts  1915,  p.  137.] 


SCHOOL    LAWS    OF    INDIANA 


161 


CHAPTER  XV. 
SCHOOLS  IN  CITIES  OF  THE  FIRST  CLASS. 


Board  of  school  commissioners — 
Cities  of  100,000  inhabitants. 

288.  Qualifications  of  commissioners. 

289.  Nomination  and  election. 
•-''.in      Terms. 

201       Organization — Treasurer. 

292  Committees — Salaries — Rules. 

293  Legislative  act — Director's  approv- 

al. 

294  Officers    and    teachers — Examina- 

tion. 

295  Business  director — Duties. 

296  Superintendent,   librarian,   et  al. — 

Duties. 

297  Appointment     or     discharge — Re- 

ports. 

Schools — Business  director — Bond. 

Auditor  of  school  board. 

Warrants. 

Evidence  of  indebtedness. 

Illegal  warrant — Liability. 

Appropriation  necessary. 

Auditor's  report — Bond — Pay. 

Accountants. 

Payments  to  treasurer. 

Contracts,  appropriation  for  neces- 
sary. 

Contracts  to  be  in  writing — Sup- 
plies. 

Bids  for  schoolhouse. 

Funding  indebtedness. 

Tax  levy. 

School  law  in  force. 

Old  school  board. 

Limit  of  debt. 


SEC. 

315.  Schools — Cities   first   class — Right 

to  issue  bonds. 

316.  Purchase  of  grounds  and  buildings. 

317.  Eminent  domain,  may  exercise. 

318.  Removal  of  commissioner. 

319.  Levy  to  pay  debts. 

320.  Subsequent  censuses. 

321.  Manual  training  schools. 

322.  Teachers  and  instruction. 

323 .  Tax  to  support  schools. 

324.  Taxes — Powers  as  to  levy. 

325.  Bonds — Building  and  grounds  fund. 

326.  Art     association     contract — Cities 

of  first  class. 

327.  Powers  of  school  commissioners. 

328.  Repeal. 

329.  Art    associations — School  board — 

Payments  to  maintain. 

330.  School  officers — Board  of  visitors. 

33 1 .  Acceptance  of  provisions. 

332.  Mayor    and    comptroller — Attend 

meetings. 

333.  Resolution  in  force. 

334.  Agreement  in  force. 

335.  One  association    to    participate — 

How  chosen. 

336.  Health  inspection. 

337.  Tax  levy  for  health  inspector. 

338.  Trade  and  industrial  schools. 

339.  Maintenance  and  operation. 

340.  Transfer — Tuition. 

341.  Public     playgrounds     and     public 

baths — How  established. 

342.  How  controlled. 

343.  Expenses — How  paid. 


[Acts  1899,  p.  434.    Approved  March  4,  1899.] 

287.  Board  of  School  Commissioners — Cities  of  100,000  Inhabi- 
tants. 1.  The  government  of  common  schools  in  cities  of  one  hundred 
thcusand  or  more  inhabitants,  according  to  the  last  United  States  census, 
sh;  11  be  vested  in  a  board  of  school  commissioners,  which  shall  consist  of  five 
scl  ool  commissioners.  The  said  board  of  school  commissioners  shall  have 
an  1  exercise  all  the  powers  now  conferred  by  an  av't  of  the  general  assembly 
of  his  state,  approved  Marcti  3,  1871,  entitled  "an  act  providing  for  a  general 
Byt-tem  of  common  schools  in  all  •  ities  of  thirty  thousand  or  more  inhabitants, 
an  I  for  the  ele-tion  of  a  board  of  school  commissioners  for  such  cities,  and 
dc  ining  their  duties  and  invsfribing  their  powers,  and  providing  for  common 

I^iool  libraries  within  such  cities,"  and  all  a°ts  amendatory  thereof,  and 
pplemental  thereto;  and  also  all  powers  now  conferred  by  law  on  boards  o 


8554—1 1 


162  SCHOOL   LAWS    OF   INDIANA 

school  commissioners  in  Cities  of  thirty  thousand  or  more  inhabitants,  ac- 
cording to  the  United  States  census  of  J870,  as  well  as  toe  powers  now  con- 
ferred by  law  on  boards  of  school  commissioners  in  cities  of  one  hundred 
thousand  or  more  inhabitants,  except  as  otherwise  herein  provided.  And 
said  board  of  school  commissioners  provided  for  by  this  aot  shall  assume, 
pay  and  be  liable  for  all  the  indebtedness  and  liabilities  of  boards  of  school 
commissioners  heretofore  elected  under  the  above  described  acts.  (§6515.) 

1.  STATUTE  VALID.     This  statute  is  valid. — Campbell  v.   City  of  Indianapolis, 
155  Ind.  186.  57  N.  E.  920. 

2.  The  act  of  1871  referred  to  is  repealed  by  this  act.    It  was  declared  unconstitu- 
tional in  Campbell  v.  City  of  Indianapolis,  cited  above. 

288.  Qualifications  of  Commissioners,     2.     The  members  of  such 
board  of  school  commissioners  shall  be  at  least  twenty -five  years  of  age, 
residents  of  the  city,  and  shall  have  been  such  residents  for  at  least  three 
years  immediately  preceding  their  election.    They  shall  be  ineligible  to  any 
elective  or  appointive  office  under  such  board  of  school  commissioners  and 
under  the  government  of  such  dty  while  holding  membership  in  said  board. 
They  shall  not  be  interested  in  any  contract  with  or  claim  against  the  school 
city  in  whk-h  they  are  elected,  either  directly  or  indirectly.     If  at  any  time 
after  the  election  of  any  member  of  said  board  he  shall  become  interested  in 
any  such  contract  with  or  claim  against  said  school  city  he  shall  thereupon 
be  disqualified  to  continue  as  a  member  of  said  board,  and  a  vacancy  shall 
thereby  be  created.    Every  member  of  said  board  shall,  before  assuming  the 
duties  of  his  office,  take  an  oath  before  some  one  qualified  to  administer  oaths 
that  he  possesses  all  of  the  qualifications  required  by  this  a*>t,  that  he  will 
honestly  and  faithfully  discharge  the  duties  of  his  offi  -e.  that  he  will  not, 
while  serving  as  a  member  of  such  board,  become  interested,  directly  or 
indirectly,  in  any  contract  with  or  claim  against  said  school  city,  and  that 
he  will  not  be  influenced  during  his  term  of  office  by  any  consideration  of 
politics  or  religion  or  anything  exrept  that  of  merit  and  fitness  in  the  appoint- 
ment of  officers  and  the  engagement  of  employes.    No  compensation  shall  be 
received  by  members  of  the  board,  but  they  shall  be  exempt  from  jury  duty 
during  their  term  of  office.    (§6516.) 

289.  Nomination  and  Election.     3.     The  said  board  of  school  com- 
missioners shall  be  elected,  except  as  specified  in  section  4  of  this  act,  on  a 
general  ticket  for  the  term  of  four  years,  by  the  voters  of  said  "ity  qualified 
to  vote  at  its  city  elections.    The  members  of  such  board  shall  be  elected  at 
the  regular  city  election  of  such  civil  city,  and  shall  be  taken  from  the  city 
at  large  without  reference  to  districts,  and  such  election  shall  be  held  under 
the  provisions  of  the  general  laws  governing  such  city  elections,  so  far  as  they 
are  not  inconsistent  with  the  provisions  of  this  act.     The  expense  of  such 
election,  except  that  of  printing  the  ballots,  shall  be  borne  by  the  civil  city. 
Not  later  than  forty  days  before  any  election  for  members  of  the  board  of 
school  commissioners,  provided  for  in  this  act,  householders  of  said  city  may 
present  names  of  candidates  for  election  as  members  of  said  board  of  school 
commissioners  by  filing  the  nominations  in  the  office  of  the  comptroller  of 
said  city  in  the  manner  following :    Each  candidate  shall  be  proposed  in  writing 
by  not  fewer  than  three  hundred  householders  of  said  city.    No  more  than 


SCHOOL    LAWS    OF    INDIANA  163 

on<  candidate  may  be  named  in  any  one  petition  and  no  person  may  sign 
mo  e  than  one  petition  for  any  one  election.  Upon  the  filing  of  suf  h  petitions 
in  M  I  the  comptroller,  as  aforesaid,  the  comptroller  shall  pla~e  the 

sai  e  in  the  ;»ublic  files  of  his  office  and  for  five  days,  the  last  of  whi  ;h  shall 
be  1-  an  thirty  days  before  the  election,  he  shall  publish  the  names 

pr<  losed  in  two  daily  newspapers  of  the  "ity,  and  at  the  time  required  by 
la^  shall  eeitify  such  nominations  to  the  regular  board  of  election  commis- 
sio  iers  for  said  city  elei  tion.  Any  one  thus  nominated  may  withdraw  his 
no  lination  by  a  written  declination  filed  with  the  •  omr.troller  befoie  the 
oei  Jfication  of  the  same  as  aforesaid.  The  comptroller  shall  not  certify  or 
pu  >li  ime  of  any  candidate  who  shall  appear  to  be  ineligible  under 

th  r  revisions  of  section  2  of  this  act.  The  election  commissioners  shall  pre- 
pa  e  ballots  the  color  and  quality  of  whose  paper  shall  be  the  same  as  that  of 
th  regular  >:ity  ballots.  The  ballots  so  prepared  shall  contain  the  names  of 
ali  such  candidates  arranged  in  alphabetical  order  in  columns  according  to 
th  following  method:  The  names  of  candidates  for  ea-;h  term  shall  be 
pr  nted  in  a  separate  Column,  those  for  the  regular  term  in  the  first  column 
ar  1  those  to  fill  vacancies  in  the  second  column,  and  sueh  names  shall  be 
pi  nted  upon  the  ballots  in  rotation  in  such  manner,  as  nearly  as  possible, 
tl  it  the  name  of  each  candidate  shall  appear  at  the  head  of  the  column  for 
h  >  term,  whether  the  regular.or  the  vacancy  term,  as  often  as  that  of  any 
01  aer  such  candidate  shall  so  appear,  and  in  the  second  place  a  like  number  of 
ti  nes,  and  so  on.  In  printing  the  ballots,  the  positions  of  the  several  names 
si  all  be  changed  as  many  times  as  there  are  candidates  to  be  voted  for.  In 
<•}  anging  the  positions,  the  printer  shall  take  the  name  at  the  head  of  the  column 
ai  d  put  it  at  the  foot,  raising  the  remainder  of  the  column  so  that  the  name 
tl  at  was  second  before  the  change  shall  be  first  after  the  change.  After  the 
b;  ,llots  are  printed  they  shall  be  kept  in  separate  piles,  one  pile  for  each  change 
of  position,  and  then  gathered  by  taking  one  from  each  pile  and  placing  it 
u  KJII  the  ]  ile  to  be  blocked  in  such  a  way  that  every  block  of  one  hundred 
I*  Jlots  (and  all  ballots  shall  be  sent  out  in  blocks  of  one  hundred  each)  shall  have 
a*  nearly  as  possible  an  equal  number  of  ballots  of  each  kind,  and  the  name  of 
ej  ,ch  candidate  thereon  shall  appear  severally  in  first,  second,  third  and  fourth 
p  ace,  and  so  on,  upon  the  several  ballots  an  equal  number  of  times  with 
ej^h  of  the  other  candidates  for  the  said  term.  There  shall  be  nothing  on  the 
fj.ce  of  said  ball.  as  otherwise  provided  herein  and  except  the  names 

o'  the  candidates  and  the  respective  terms  for  which  they  are  candidates, 
together  with  a  square  in  front  of  each  name  and  a  statement  at  the  head  of 
e  ich  column  of  the  number  of  candidates  for  that  term  for  whom  the  elector 
uiay  vote,  and  that  the  elector  shall  indicate  his  choice  by  marking  a  cross 
i  i  the  square  opposite  the  name  of  each  candidate  for  whom  he  votes,  and  not 
-hall  be  voted  at  the  regular  city  election  and 

;  >osited  in  a  separate  ballot  box  to  be  provided  for  the  purpose.    Each  elector 
i  lay  vote  for  as  many  candidates  as  there  are  members  to  be  elected,   by 
i  narking  a  cross  in  the  square  opposite  the  name  of  each  candidate  for  whom 
lie  votes.    No  election  officer,  challenger,  or  poll  book  holder  shall  indicate  to 
I    I-B:  offering  himself  to  vote  what  he  believes  or  understands  to  be 

1  be  political  affiliation  of  any  candidate  for  school  commissioner.  The  candi- 
•  lates,  in  number  equal  to  the  number  of  members  to  be  chosen,  for  the  re- 
«p»  us  for  which  they  shall  have  been  nominated,  who  have  the  highest 


164 


SCHOOL   LAWS    OF   INDIANA 


number  of  votes  of  those  cast  for  such  term,  shall  be  declared  elected.  If  at 
any  election  a  member  is  to  be  chosen  to  fill  a  vacancy  and  to  serve  out  an 
unexpired  term,  candidates  may  be  chosen  as  above  provided,  but  they  shall 
in  all  cases  be  nominated  or  proposed  for  such  vacancy  and  designated  in 
the  petition  and  on  the  ballot  as  candidates  to  fill  such  vacancy,  and  the 
date  of  the  expiration  of  the  unexpired  term  shall  be  stated.  The  vacancies 
in  said  board  of  school  commissioners  shall  be  filled  temporarily  by  the  board 
as  soon  as  practicable  after  such  vacancy  occurs.  Such  member  so  chosen 
shall  hold  office  until  his  successor  be  elected  and  qualified.  His  successor 
shall  be  elected  at  the  next  regular  city  election,  when  the  vacancy  shall 
be  filled  for  the  remainder  of  the  term.  Any  person  violating  any  of  the 
provisions  of  this  section  shall  be  fined  upon  conviction  in  any  sum  not  exceed- 
ing two  hundred  dollars.  ( §6517.) 

[As  amended  by  Acts  of  1903,  p.  5.] 

1.  School  commissioners  to  be  elected  under  this  section  can  not  be  nominated 
by  political  parties  but  must  be  designated  by  petition  as  herein  provided. — Remster 
v.  Sullivan,  36  App.  385. 

290.  Terms.    4.    At  the  city  election  occurring  on  the  second  Tuesday 
in  October,  1899,  five  members  of  the  board  of  school  commissioners  shall 
be  elected  to  serve  as  herein  provided.    They  shall  assume  office  on  the  first 
day  of  January,  1900,  and  meet  at  the  office 'of  the  present  board  of  school 
commissioners  of  such  "ity  at  twelve  o'clock,  noon,  and  ;;ro"eed  to  organize. 
Within  one  week  after  the  organization  of  the  said  elected  board  they  shall 
meet  to  divide  themselves  by  lot,  in  such  manner  as  they  shall  determine, 
into  two  classes,  as  follows:     The  first  class,  consisting  of  three  members, 
shall  hold  office  through  the  31st  day  of  December,  1901.    The  second  class, 
consisting  of  two  members,  shall  hold  offi?e  through  the  31st  day  of  Decem- 
ber, 1903.    Thereafter,  regular  elections  of  members  of  the  board  of  school 
commissioners  shall  oc^ur  at  the  regular  city  elections,  held  on  the  second 
Tuesday  of  October  of  ea-h  alternate  year.     In  the  year  1901,  and  every 
fourth  year  thereafter,  three  members  shall  be  elejted.    In  the  year  1903, 
and  every  fourth  year  thereafter,  two  members  shall  be  elected.     (§6518.) 

291.  Organization — Treasurer.     5.     The  board  ot  school  commis- 
sioners shall  organize  annually  at  their  first  meeting  in  January  bv  choosing 
one  of  their  number  president  and  another  vice-president.    The  treasurer  of 
the  city  shall  be  the  treasurer  of  the  board  of  school  commissioners  and  shall 
receive  a  salary  not  to  exceed  one  thousand  five  hundred  dollars  to  be  deter- 
mined by  the  board  of  school  commissioners.     The  treasurer  shall  make  a 
monthly  report  to  the  board  of  all  amounts  received  and  expended  during  the 
month  and  the  amount  on  hand  to  the  credit  of  the  board.     He  shall  give 
bond  to  the  approval  of  the  board  in  such  sum  as  it  may  determine  and  with 
not  less  than  two  freehold  sureties  or  a  surety  company.    ( §6519.    As  amended 
1911,  p.  528.) 

292.  Committees — Salaries — Rules.     6.     All    standing    committees 
provided  for  by  the  rules  of  said  board  shall  be  appointed  by  the  president 
within  two  weeks  after  his  election.    All  vacancies  in  offices  directly  or  in- 
directly under  the  control  of  the  board  of  school  commissioners  shall  on  their 
occurrence  be  filled  for  the  unexpired  terms  in  the  same  manner  as  is  pre- 
scribed for  the  regular  appointment  or  election:     Provided,  That  no  such 


SCHOOL    LAWS    OF    INDL 

ele«  ;ion  to  be  made  by  direct  vote  of  the  board  of  school  commissioners  shall 
tak  »  place  before  the  regular  meeting  next  subsequent  to  that  at  which  such 
va<  incy  is  reported  to  said  board.  Subject  to  the  limitations  herein  stated 
sal  board  shall  have  power  to  fix  salaries  of  all  officers,  agents,  teachers,  or 
otl  T  employes,  in  the  employ  of  the  board.  Such  board  shall  adopt  such 
scl  tdule  of  salaries  as  it  may  deem  proper;  and,  for  this  purpose,  shall  divide 
all  eachers,  principals  and  other  employes,  into  classes  based  upon  experience 
or  esponsibility  or  both  and  each  principal,  teacher,  or  employe  in  any  one 
of  uch  classes  shall  receive  the  same  compensation  given  to  each  of  the  other 
me  nbers  of  the  same  class.  It  shall  have  power  to  fix  the  time  of  meetings, 
ex*  ept  that  one  regular  meeting  shall  be  held  each  month;  and  to  make,  amend 
an  .  repeal  by-laws  and  rules  for  its  procedure  and  for  the  government  and 
m;  aagement  of  the  schools  and  school  property  under  its  control.  But  the 
ru  js  and  by-laws  of  the  board  of  school  commissioners  superseded  by  this 
ac  so  far  as  they  are  not  inconsistent  with  the  provisions  hereof  shall  remain 
in  :'orce  and  be  binding  upon  the  board  of  school  commissioners  until  such 
tii  ie  as  it  shall  adopt  new  rules  and  by-laws  to  supersede  them.  (§6523.  As 
an  ended  1911,  p.  528.) 

293.  Legislative  Act — Director's  Approval.  7.  Every  legislative 
ac  of  the  said  board  shall  be  by  written  resolution.  Every  resolution  involv- 
in: ;  an  expenditure  of  money  or  the  approval  of  a  contract  for  the  payment 
of  money,  or  for  the  purchase,  sale,  lease  or  transfer  of  property,  or  levying 
ar  y  tax,  shall,  before  it  takes  effect,  and  at  least  five  days  before  the  next 
re  jular  meeting,  be  presented,  duly  certified  by  the  secretary,  to  the  business 
di  -ector  for  approval.  The  director,  if  he  approves  such  resolution,  shall 
si}  n  it;  but  if  he  does  not  approve  it  he  shall  return  the  same  to  the  board 
at  its  next  regular  meeting,  with  his  objections,  which  the  board  shall  enter 
in  full  upon  its  journal,  and  if  he  does  not  return  the  same  within  the  time 
al  ove  limited,  it  shall  take  effect  in  the  same  manner  as  if  he  had  signed  it: 
P'ovided,  That  the  director  may  approve  or  disapprove  the  whole,  or  any 
it<  >m  or  part  of  any  such  resolution.  When  ihe  director  refuses  to  sign  any 
resolution  or  part  thereof,  and  returns  it  to  the  commissioners  with  his 
objections,  the  board  shall  forthwith  proceed  to  reconsider  it;  and  if  the  same 
is  approved  by  the  votes  of  at  least  three  commissioners,  it  shall  then  take 
effect  as  if  it  had  received  the  signature  of  the  director,  and  in  all  usch  cases 
tie  votes  shall  be  taken  by  yeas  and  nays,  and  entered  on  the  records  of  the 
>ard.  (§6520,  as  amended  1911,  p.  528.) 


291.  Officers  and  Teachers — Examination.  8.  The  board  shal 
hive  power  to  determine  the  number  of  assistant  superintendents,  super- 
visors, teachers  and  employes,  and  prescribe  their  duties  and  fix  their  com- 
p  ensation.  The  said  board  shall  provide  rules  for  the  management  and  main- 
1 3nance  of  the  public  library,  and  appoint  an  advisory  committee  to  aid  in 
tae  selection  of  books  for  the  same,  and  to  advise  in  all  other  matters  per- 
t  lining  to  the  library.  The  board  shall  adopt  rules  for  obtaining,  by  open 
competition  and  without  regard  to  religious  or  political  beliefs,  eligible  lists 

Irom  which  all  teachers  and  all  other  employes,  except  the  superintendent, 
he  assistant  superintendent,  the  principal  of  the  normal  school,  the  super- 
iors, and  the  principals  of  the  high  schools,  shall  be  elected  with  regard, 
•xclusively,  to  fitness.    (§6522.) 


166 


SCHOOL    LAWS    OF    INDIANA 


295.  Business  Director — Duties.     9.     At  their  first  regular  meeti 
in  April,  1913,  and  each  four  years  thereafter  the  commissioners  shall  elect  a 
superintendent  of  schools,  a  business  director,  a  secretary,  a  librarian  and  a 
superintendent  of  buildings  and  grounds  who  shall  serve  for  four  years  from  the 
date  of  their  election  and  shall  be  removable  at  any  time  by  a  vote  of  three 
members  of  said  board  of  school  commissioners.    The  business  director  shall 
be  the  executive  officer  of  the  board.    He  shall  execute  for  the  board  of  school 
commissioners  in  the  name  of  the  school  city  its  contracts  and  obligations, 
except  that  bonds  issued  shall  be  signed  by  the  president  and  attested  by  the 
secretary;  he  shall  see  that  all  contracts  made  by  or  with  the  board  shall  be 
fully  and  faithfully  performed;  he  shall  have  the  care  and  custody  of  all 
property  of  the  school  board  not  otherwise  specified  and  provided  for;  he 
shall  purchase  all  supplies  subject  to  the  rules  of  the  board  or  the  provisions 
of  this  act;  and  generally  shall  execute  and  carry  into  effect  all  matters  and 
things  authority  for  which  shall  have  previously  been  granted  by  the  board 
as  herein  provided.     (§6521.) 

296.  Superintendent,  Librarian,  et  al. — Duties.     10.     The  super- 
intendent of  schools  shall  have  the  power  to  appoint  and  discharge  all  prin- 
cipals, supervisors,  assistants  and  teachers  authorized  by  the  board  subject 
to  the  limitations  of  this  act  stated  and  shall  report  to  the  board  annually 
and  oftener  if  required  as  to  all  matters  under  his  supervision:     Provided, 
That  the  board  of  school  commissioners  shall  approve  of  the  appointment 
of  assistants,  principals,  supervisors  and  teachers  unless  four  of  such  mem- 
bers disapprove  of  the  same.    He  may  be  required  by  the  board  to  attend  any 
or  all  of  its  meetings  and  may  take  part  in  the  deliberations  but  shall  not  vote. 
He  shall  select  and  report  to  the  board  all  charts,  maps,  text-books  and  ap- 
paratus to  be  used  in  the  schools  of  the  said  city  except  the  high  schools,  nor- 
mal and  manual  training  schools,  conforming  however  so  far  as  may  be  to  the 
provisions  of  the  general  law  of  the  State  of  Indiana,  governing  school  books. 
In  like  manner  he  shall  report  to  the  board  all  text-books,  maps,  charts  and 
apparatus  to  be  used  in  the  high  schools,  normal  and  manual  training  schools, 
which  charts,  maps,  text-books  and  apparatus  shall  have  first  been  selected 
by  a  committee  consisting  of  said  superintendent  of  the  schools,  the  principal 
of  the  high  schools,  the  principal  of  the  normal  school,  the  principal  of  the 
manual  training  school  and  the  head  of  each  department  in  which  such  maps, 
charts,  text-books  or  apparatus  is  to  be  used.    The  librarian  shall  have  charge 
of  all  libraries  under  control  of  the  school  board  and  shall  recommend  to  the 
board  for  purchase,  after  the  approval  of  the  library  advisory  committee,  all 
books,  maps  and  charts,  and  such  other  things  as  are  necessary  for  the  equip- 
ment and  maintenance  of  the  libraries.    The  librarian  shall  employ  and  dis- 
charge all  assistant  librarians  and  other  employes  employed  in  and  around 
such  library  buildings  subject  to  the  limitations  of  this  act  stated  and  not 
otherwise  provided  for,  and  shall  report  monthly  and  annually  and  oftener  if 
required  as  to  all  matters  under  the  supervision  of  such  office.     The  secretary 
of  the  board  shall  keep  all  records  and  documents  belonging  to  the  school 
board  and  shall  attend  each  meeting  of  the  board  and  transcribe  a  true  record 
of  all  its  proceedings  and  report  upon  all  things  coming  under  the  supervision 
of  his  office.    He  shall  receive  a  salary  not  to  exceed  two  thousand  five  hundred 
dollars  per  year  to  be  fixed  by  the  board  of  school  commissioners.    The  super- 


SCHOOL    LAWS    OF    INDIANA  167 

int  ndent  of  buildings  and  grounds  shall  be  either  a  sanitary  engineer  or  shall 
be  skilled  in  and  previously  engaged  in  the  business  of  heating,  drainage 
an  ventilation.  He  shall  take  personal  supervision  of  all  heating,  ventilation, 
pli  nbing  and  drainage  of  all  school,  library  and  other  buildings  owned  or 
us<  1  by  the  board  of  school  commissioners  either  in  use,  or  in  the  course  of 
er<  :tion  or  to  be  hereafter  erected  by  the  board.  He  shall  see  that  each  jani- 
toi  custodian,  or  engineer  or  other  person  employed  in  like  capacity  in  or 
ab  ut  such  buildings  shall  be  properly  instructed  in  the  care  of  such  boilers, 
fu  laces,  pipes,  electric  wires,  ventilators  and  other  similar  things  as  may 
fal  under  their  charge.  He  shall  appoint  and  discharge  all  engineers,  janitors 
or  »ther  persons  employed  in  or  about  such  buildings  subject  to  the  limitations 
of  his  act  stated  and  not  otherwise  provided  for.  He  shall  report  monthly, 
an  lually  and  oftener  if  required  by  the  board  concerning  the  things  under 
su  >ervision  of  his  office.  He  shall  receive  a  salary  not  to  exceed  $2,000  per 
an  mm  to  be  fixed  by  the  board  of  school  commissioners.  All  other  employes 
of  the  school  board  shall  be  appointed  by  the  business  director  subject  to 
tli  limitations  of  this  act  stated.  He  shall  report  to  the  board  monthly, 
an  mally,  or  oftener  as  required  by  the  board  concerning  the  things  under  the 
su  >ervision  of  his  office.  He  shall  attend  all  meetings  of  the  board  and  may 
ta  :e  part  in  the  deliberations  subject  to  the  rules  but  shall  not  vote.  A  ma- 
jo  ity  of  the  entire  board  shall  be  necessary  to  elect  or  remove  any  officer 

'.  el<  otod  by  the  board  of  school  commissioners  as  herein  provided,  and  the 
of  icer  so  removed  shall  not  be  eligible  for  re-election  in  any  capacity  for  two 

I  yc  ITS.  The  superintendent  of  schools,  the  business  director,  the  secretary, 
th )  librarian  and  the  superintendent  of  buildings  and  grounds  shall  take 
on  ths  similar  to  the  oath  herein  prescribed  for  school  commissioners  in  so  far 
a-  is  applicable,  before  taking  office.  (§6524.  As  amended  1911,  p.  528.) 

297.  Appointment  or  Discharge — Reports.    11.    All  appointments  or 
discharges  of  assistant  superintendents,   principals,   supervisors,   teachers, 
lil  nirians,  janitors,  or  any  other  employe  of  the  school  board  shall  be  reported 
at  the  meeting  of  the  board  next  succeeding  the  date  of  such  discharge  by 
tie  officer  making  such  discharge  and  shall  be  subject  to  the  approval  of  a 
majority  of  the  board.    In  case  any  employe  of  the  board  shall  file  in  writing 
a  request  with  the  secretary  for  a  hearing  by  the  board  of  charges  brought 
against  him  by  any  officer  or  employe  or  other  person,  opportunity  shall  be 
given  for  appeal  to  the  board  before  final  action  is  taken,  provided  such  appli- 
cation for  appeal  is  presented  at  the  same  meeting  that  notice  of  charges  or 
(1  ~ missal  has  been  made.     In  such  case  the  board  shall  consider  the  appeal 
n  >!  later  than  the  next  regular  meeting  at  which  notice  of  appeal  was  filed. 
A  ny  such  discharge  shall  operate  as  a  suspension  only,  until  approved  by  the 
bmrd.    (§6525.    As  amended  1911,  p.  528.) 

298.  Schools — Business  Director — Bond.     12.    The  business  director 
*  lall  devote  his  entire  time  to  the  duties  of  his  office,  and  shall  receive  an 
annual  salary  of  not  more  than  four  thousand  dollars,  to  be  fixed  by  the 
I  oard,  which  salary  shall  be  paid  monthly,  in  equal  instalments,    out  of  the 
special  fund  of  the  school  city;  all  persons  in  the  employ  of  the  board,  except 

,    as  otherwise  provided  by  law.  shall  perform  their  respective  duties  under  the 
neral  supervision  of  the  business  director,  but  subject  to  the  orders  of  the 


168 


SCHOOL   LAWS    OF   INDIANA 


board.  Before  assuming  office,  the  business  director  shall  give  a  bond  in  favor 
of  the  school  city  in  a  penalty  of  ten  thousand  dollars  ($10,000)  to  the  ap- 
proval of  the  board  conditioned  for  the  faithful  discharge  of  his  official  duties, 
with  two  or  more  sureties,  or  a  surety  company.  Any  premium  payable  to 
a  surety  company  on  the  bond  of  the  business  director  or  of  any  other  officer 
or  employe  of  the  board,  shall  be  paid  from  the  funds  of  the  school  city. 
(As  amended  Acts  1917,  p.  331) 

299.  Auditor  of  School  Board.    13.    The  city  comptroller  shall  be  the 
auditor  of  the  board  of  school  commissioners  of  such  school  city.    He  shall 
keep  an  accurate  account  of  all  taxes  levied  for  school  purposes,  and  of  all 
moneys  due  to,  received  and  distributed  by  the  board;  also  of  all  assets 
and  liabilities  of,  and  all  appropriations  made  by  the  school  board,  and  shall 
receive  and  preserve  all  vouchers  for  payments  and  disbursements  made  by 
the  board.    (§6527.) 

300.  Warrants.    14.    The  auditor  of  the  board  shall  issue  all  warrants 
for  the  payment  of  money  from  the  school  funds,  but  no  warrant  shall  be 
issued  for  the  payment  of  any  claim  until  such  claim  has  been  allowed  by  the 
board  and  approved  in  writing  by  the  business  director;  but  when  the  board 
has  authorized  the  payment  of  money,  notwithstanding  his  veto,  the  business 
director  shall  approve  the  same.    The  pay-roll,  however,  for  assistants,  prin- 
cipals and  supervisors  in  the  school  work  and  teachers,  shall  be  allowed  by 
the  board  and  approved  by  the  superintendent  of  schools  instead  of  by  the 
director.    (§6528.) 

301.  Evidence  of  Indebtedness.     15.     Whenever  the  auditor  of  said 
board  shall  be  called  upon  to  issue  any  warrant,  he  shall  have  power  to  re- 
quire evidence  that  the  amount  claimed  is  justly  due  and  is  in  conformity 
with  the  law,  and  for  that  purpose  he  may  summon  before  him  any  officer, 
agent  or  employe  of  the  board,  or  any  other  person,  and  examine  him  on 
oath  or  affirmation  relative  thereto,  which  oath  or  affirmation  he  may 
administer.    (§6529.) 

302.  Illegal  Warrant — Liability.     16.     If  the  auditor  of  said  board 
shall  draw  a  warrant1  for  any  claim  contrary  to  law,  he  and  his  sureties  shall 
be  individually  liable  for  the  amount  of  the  same.    ( §6530. ) 

303.  Appropriation  Necessary.     17.     No  money  shall  be  drawn  from 
the  treasury  except  in  pursuance  of  appropriations  made  by  the  board  upon 
an  aye  and  nay  vote  "duly  recorded,  and  whenever  an  appropriation  is  made 
by  the  board  the  secretary  shall  forthwith  give  notice  thereof  to  the  auditor 
and  treasurer.    No  appropriation  shall  be  made  for  a  longer  period  than  to 
the  end  of  the  current  year  ending  June  30,  and  at  the  end  of  such  year  all 
the  unexpended  balances  of  all  appropriations,  except  from  the  tuition  fund, 
shall  be  covered  into  the  special  school  fund  as  an  addition  thereto.     (§6531.) 

304.  Auditor's  Report — Bond — Pay.     18.     The  auditor  shall  submit 
to  the  commissioners  annually,  and  oftener  if  required  by  them,  a  report  of 
the  accounts  of  the  board,  verified  by  his  oath,  exhibiting  the  revenues,  re- 
ceipts, disbursements,  assets  and  liabilities,  the  sources  from  which  the  reven- 
ues and  funds  are  derived,  and  in  what  manner  the  same  have  been  disbursed. 


SCHOOL    LAWS    OF   INDIANA  169 

He  hall  give  bond  for  the  faithful  discharge  of  his  duties  in  the  sum  of  five 
tlKr  sand  dollars  ($5,000),  with  not  fewer  than  two  sureties,  or  a  surety  com- 
pac  •,  to  the  approval  of  the  commissioners,  which  bond  shall  be  filed  with 
the  secretary.  The  auditor  of  the  said  board  shall  receive  no  compensation 
for  lis  services  as  auditor,  but  the  board  shall  provide  for  the  appointment 
of  .-  ich  assistants  for  such  auditor  as  it  shall  deem  necessary  and  fix  their 
con  pensation,  which  shall  be  paid  monthly  out  of  the  school  funds;  but  sueh 
ass:  tants  shall  be  appointed  by  the  auditor.  The  time  of  such  assistant 
or  ;  -sistaiits  shall  be  at  the  command  of  the  board  to  render  such  services  in 
ad(  tion  to  those  already  prescribed  by  law  as  the  board  shall  require.  (§6532. 
As  mended  1905,  p.  155.) 

$05.  Accountants.  19.  At  the  close  of  each  year  ending  June  30, 
the  mayor  of  such  city  shall  appoint  one  or  more  expert  accountants,  who 
shs  1  examine  the  books,  accounts  and  vouchers  of  the  director,  the  treasurer 
an<  of  all  other  departments  of  expenditure  of  said  board  and  of  the  librarian 
pr<  nded  for  herein,  and  shall  make  report  thereof  to  the  mayor  and  to  the 
bo;  rd  of  school  commissioners  of  said  city.  All  the  officers  and  employes  of 
sai  1  board  shall  produce  and  submit  to  such  accountants  for  examination 
all  :>ooks,  papers,  documents,  vouchers  and  accounts  in  their  offices  belonging 
to  he  same  or  thereto  pertaining,  and  shall  in  every  way  assist  said  accoun- 
tai  ts  in  their  work.  In  the  report  to  be  made  by  said  accountants,  they 
mi  y  make  any  recommendations  they  deem  proper  as  to  the  business  meth- 
od of  such  officers  and  employes.  A  reasonable  compensation  for  such  ser- 
vk  es  shall  be  paid  by  said  board.  (§6533.) 

306.  Payments  to  Treasurer.     20.     All  money  payable  to  the  board 
sh;  ,11  be  paid  to  the  treasurer  and  his  receipt  for  the  same  shall  be  filed  with 
thu  auditor  of  said  board,  who  shall  issue  his  quietus  therefor,  which  alone 
sh;  ill  be  sufficient  evidence  of  such  payment.    No  person  except  the  treasurer 
sh.ill  collect  or  receive  any  moneys  payable  to  the  board  and  any  payments 
nu  ,de,  except  to  such  treasurer,  and  any  receipt  given  therefor  by  any  other 
person  shall  be  void  as  against  the  board.     (§6534.) 

307.  Contracts,   Appropriation  for  Necessary.     21.     No  contract, 
agreement  or  obligation  shall  be  binding  upon  the  board  unless  an  appropria- 
tion therefor  shall  have  been  first  made  by  it.    It  shall  be  unlawful  for  any 
commissioner  or  officer  chosen  by  the  board  of  school  commissioners  in  any 
m  inner,  directly  or  indirectly,  to  profit  by  or  be  interested  in  any  contract 
of  said  board,  and  any  person  convicted  of  a  violation  of  this  section  shall 
b<  fined  in  any  sum  not  less  than  one  hundred  nor  more  than  one  thousand 

>llars  and  expelled  from  office.    (§6535.) 


308.  Contracts  to  be  in  Writing — Supplies.  22.  All  contracts 
irvolving  more  than  two  hundred  dollars  ($200.00)  in  amount  shall  be  in 
\s  riling,  executed  in  the  name  of  the  school  city,  by  the  business  director  and 
a  Dproved  by  the  board.  When  money  therefor  has  been  appropriated  by  the 
commissioners,  the  business  director  may  make  contracts  and  purchases  not 
exceeding  two  hundred  dollars  ($200.00)  in  amount  at  any  one  time,  but  all 
s  ich  contracts  shall  be  reported  at  its  next  regular  meeting  to  the  board, 
a  ad  if  disapproved  by  a  four-fifths  vote  of  said  board  at  its  succeeding  regular 


170 


SCHOOL    LAWS    OF    INDIANA 


meeting,  such  director  shall  be  responsible  therefor  upon  his  bond.  No  pur- 
chase of  supplies  or  of  materials  of  any  kind  shall  be  made  from  any  one  per- 
son, firm  or  corporation  in  any  year  to  the  amount  in  the  aggregate  of  more 
than  two  hundred  dollars  ($200),  except  upon  bids  duly  advertised  for  and 
accepted.  The  board  shall  determine  the  mode  and  manner  of  advertising 
for  bids  for  supplies.  ( §6536.) 

309.  Bids  for  Schoolhouse.    23.    When  the  board  determines  to  build 
or  enlarge  a  schoolhouse,  or  make  any  improvements  or  repairs  thereon,  the 
cost  of  which  shall  exceed  five  hundred  dollars  ($500),  the  business  director, 
shall  advertise  weekly  for  bids  for  -a  period  of  three  weeks,  beginning  at  least 
twenty-one  days  before  the  opening  of  the  bids.    The  advertisement  shall  be 
inserted  in  two  newspapers  of  general  circulation  in  the  city,  and  shall  be  en- 
tered in  full  in  the  records  of  the  board.    The  bids  duly  sealed  shall  be  pre- 
sented to  the  board  at  the  time  fixed  in  the  advertisement  for  bids,  at  which 
time  the  board  shall  meet,  and  none  shall  be  received  after  that  hour,  and  they 
shall  immediately  be  opened  by  the  business  director,  be  publicly  read  by  the 
secretary  and  be  immediately  thereafter  entered  in  full  in  the  records  of  the 
board.     The  board  shall  provide  by  general  rules  the  conditions  of  all  bids, 
but  none  but  the  lowest  responsible  bids  shall  ever  be  accepted.    The  business 
director  may,  at  his  discretion,  reject  all  bids,  and  whenever  there  is  any  rea- 
son to  suspect  collusion,  the  bids  of  all  concerned  therein  shall  be  rejected. 
If  the  amount  of  the  expenditure  does  not  exceed  two  thousand  five  hundred 
dollars  ($2,500)  two  weeks'  notice  shall  be  sufficient.     (§6537.    As  amended 
1905,  p.  155.) 

310.  Funding  Indebtedness.    24.    The  board  of  school  commissioners 
of  any  such  city  in  which  an  indebtedness  exists  at  the  time  of  the  passage  of 
this  act  of  eight  hundred  thousand  dollars  ($800,000)  or  more,  is  hereby 
authorized  and  empowered  to  fund  such  indebtedness  to  the  extent  of  eight 
hundred  thousand  dollars,  and  for  that  purpose  said  board  of  school  commis- 
sioners is  hereby  authorized  and  empowered  to  issue  and  sell  its  bonds  in  such 
sums  and  denominations  as  such  board  may  deem  advisable,  to  realize  moneys 
with  which  to  pay  such  existing  indebtedness;  such  bonds  to  bear  interest  at 
not  exceeding  the  rate  of  four  per  cent  per  annum,  payable  semi-annually, 
to  be  sold  for  not  less  than  their  par  value,  and  to  run  for  a  term  of  not  ex- 
ceeding thirty  years  from  January  1,  1902.     The  maturing  of  such  bonds 
shall  be  so  arranged  that  there  shall  mature  in  each  of  the  ten  years,  com- 
mencing with  the  year  1902,  at  least  the  sum  of  twenty-five  thousand  dollars, 
and  in  each  of  the  next  ten  years  the  sum  of  thirty  thousand  dollars,  and  in 
each  of  the  next  ten  years  the  sum  of  thirty-five  thousand  dollars  of  the  prin- 
cipal of  the  debt  of  said  school  cor t  oration,  including  in  such  debt  not  only 
such  bonded  indebtedness,  but  also  any  other  indebtedness  of  such  school 
corporation  which  may  be  in  existence  when  this  act  is  passed.    Such  bonds 
may  be  issued  from  time  to  time  as  the  maturity  of  the  present  indebtedness 
may  require:    Provided,  That  not  more  than  eight  hundred  thousand  dollars 
of  such  bonds  in  the  aggregate  shall  be  issued,  or,  if  the  board  of  school  com- 
missioners shall  so  determine,  such  bonds  may  all  be  sold  at  one  time  with 
the  contract  upon  the  part  of  the  purchasers  to  furnish  at  stated  future  times 
so  much  of  the  proceeds  thereof  as  may  be  desired  to  take  up  obligations  not 
then  due.    No  bonds  shall  be  delivered  until  the  money  therefor  is  paid  to 


SCHOOL    LAWS    OF    INDIANA  171 


th<  treasurer  of  said  school  corporation,  and  interest  shall  not  begin  to  accrue 
un  il  such  delivery.  The  board  of  school  commissioners,  shall  preparatory 
to  -flfering  such  bonds  for  sale,  give  notice  for  not  less  than  four  weeks  prior  to 
th  date  fixed  for  such  sale,  together  with  a  description  of  such  bonds  and 
su  h  offer,  and  invite  bids  therefor;  such  notice  to  be  given  by  advertisement 
trw  ce  each  week  in  at  least  one  daily  newspaper  published  in  the  city  of  In- 
tuipolis  and  in  one  newspaper  published  in  the  city  of  New  York,  and  by 
h  other  advertisements  as  the  board  may  determine  upon.  Such  board 
,11  sell  sivh  bonds  to  the  highest  and  best  bidder:  Provided,  Said  board 
si  11  have  the  right  to  reject  any  and  all  bids.  The  proceeds  arising  from  the 
sa  e  of  such  bonds  shall  be  used  for  no  other  purpose  than  the  payment  of  such 
pi  ssent  indebtedness,  and  no  more  bonds  shall  be  issued  than  is  necessary 
fo  that  purpose.  (§6538.) 

311.  Tax  Levy.  25.  The  board  of  school  commissioners  in  any  such 
ci  y  is  hereby  authorized  and  empowered  to  levy  annually,  in  addition  to 
o  IHT  taxes  authorized  by  law,  a  special  tax  of  not  exceeding  five  cents  on 
e;  h  one  hundred  dollars  of  taxable  property  in  the  city  for  the  purchase 
o  real  estate  and  the  erection  and  improvement  of  school  buildings.  The 
p  oceeds  of  such  tax  shall  be  segregated  from  other  funds  of  the  board,  and 
a  separate  account  of  the  same  shall  be  kept,  and  shall  not  be  used  for  any 

0  her  purpose  than  the  purchase  of  real  estate  and  the  erection  and  improve- 
n  ent  of  buildings  for  school  uses.     The  said  board  is  hereby  authorized  to 
h  vy  annually,  in  addition  to  all  other  taxes  a.ithorized  by  law,  and   as   an 
a  Idition  to  its  special  fund,  twenty-seven  cents  on  each  one  hundred  dollars 
<>    taxable  property  in  the  city,  which  levy  shall  within  su^h  limit  be  large 
e  lough  to  insure  the  payment  of  all  interest  to  accrue  on  the  real  estate  and 

1  nprovement  bonds  to  be  issued  under  the  provisions  of  the  said  act,  to 
v  hidi  thi>  is  an  amendment  and  to  keep  school  property  in  repair.    Out  of 
tie  last  above  levy  by  this  section  authorized  provision  shall  be  made  for 
t  he  payment  in  cash  from  year  to  year  and  the  final  retirement  of  such  matur- 
i  ig  indebtedness  and  the  payment  of  such  interest  charges  as  are  not  payable 
c  ut  of  other  funds  of  st  ch  board  and  are  not  properly  chargeable  to  any  such 
(<ther  fund:     Provided,  That  the  aggregate  sum  levied  by  such  board  for  all 
purposes  shall  not  exceed  in  any  one  year  sixty-seven  cents  on  each  one  hun- 
dred dollars  ot  taxable  property  in  said  city,  and  said  sum  of  sixty- seven 
« <  uts  shall  include  all  sums  to  be  levied  by  said  board  in  pursuance  of  any 
other  existing  law  on  account  of  free  kindergartens,  compulsory  education, 

(>r  any  other  purpose.    (§6539.    As  amended  1^07,  p.  257.) 
312.      School  Law  in  Force.    26.    The  general  school  laws  of  this  state 
ind  all  laws  and  parts  of  laws  applicable  to  the  general  system  of  common 
schools  in  such  school  city  and  not  inconsistent  herewith,  shall  be  in  full 
force  and  effect  in  such  city.    (§6540.) 

313.  Old  School  Board  27.  The  existing  board  of  school  commis- 
sioners in  any  city  coming  within  this  a<-t  shall  continue  in  office  until  Jan  lary 
first.  l.KX),  and  any  such  existing  board  shall  until  then,  exercise  all  the 
powers  \vhi  -li  it  now  possesses  under  the  legal  limitations  now  existing,  and 
in  addition  thereto  it  shall  have  power  to  make  the  additional  levies  herein 
authorized  and  to  issue  bond<  as  herein  provided;  When  the  board  herein 


U 


172  SCHOOL    LAWS    OF    INDIANA 

provided  for  shall  have  been  elected  and  qualified,  the  possession,  control 
and  management  of  all  property,  real  and  personal,  including  all  moneys, 
books,  records,  papers  and  documents,  and  all  r'ghts  and  claims  of  every 
kind  and  nature  then  held  by  the  board  of  school  commissioners  of  such  city, 
or  by  other  school  authorities,  shall  vest  in  and  be  transferred  to  the  board  of 
school  commissioners  hereby  created  without  other  transfer,  to  the  same 
extent  and  with  as  full  interest  as  the  same  had  been  theretofore  held  by  the 
existing  board  of  school  commissioners  or  other  school  authorities;  and  all 
valid  indebtedness  and  obligations  of  the  existing  board  of  school  commis- 
sioners, or  of  such  school  city,  shall  be  paid  by  the  rest  ective  boards  of  school 
commissioners  hereby  created,  and  said  boards  of  school  commissioners  are 
hereby  authorized  to  maintain  and  defend  all  suits  in  the  name  of  the  school 
eity  for  whi.  h  they  may  be  elected.  ( §6541.) 

314.  Limit  of  Debt.    28.    The  said  board  of  school  commissioners  shall 
not  have  the  power  to  create  any  debt  other  tJ-an  funding  obligations,  and 
the  real  estate  and  improvement  bonds  provided  for  by  this  act  and  by  the 
other  sections  of  the  a^t  which  it  amends,  in  excess  of  the  sum  of  twenty-five 
thousand  dollars  in  the  aggregate,  save  as  provided  in  section  29  of  the  act 
which  this  act  amends  and  ex  -ept  that  it  shall  be  liable  upon  its  lawful  con- 
tracts for  the  ordinary  current  expenses  of  its  schools  and  library  to  tMe  per- 
sons rendering  services  and  furnishing  materials  therefor,  when  contracts 
are  entered  into  as  herein  provided  in  accordance  with  the  law,  b-it  said 
board  shall  not  have  any  power  to  borrow  money  to  pay  such  obligations  so 
as  to  create  a  debt  in  excess  of  said  twenty-five  thousand  dollars  to  others 
than  to  sucb  persons  so  rendering  services  or  furnishing  materials,  and  any 
contract  or  obligation  that  may  be  issued  in  contravention  of  the  provisions 
of  this  section  si'all  be  void.     Obligations  to  persons  rendering  services  or 
furnishing  materials  to  said  board  of  school  commissioners  in  tLe  current 
conduct  of  such  schools  and  library  will  not  be  considered  as  a  part  of  the 
twenty-five  thousand  dollars  of  indebtedness  above  authorized.      (§6542, 
as  amended  1U03,  p.  45.) 

[Acts  1913,  p.  318.] 

315.  Schools — Cities  First  Class — Right  to  Issue  Bonds.     1.     That 
the  common  school  corporation  in  each  city  of  this  state  of  one  hundred  thou- 
sand, or  more,  inhabitants,  according  to  the  last  preceding  United  States 
censis.  shall  in  addition  to  all  other  powers  granted  it  by  law,  have  power 
to  borrow  money  and  issue  its  bonds  therefor  as  he  einafter  provided,  viz: 
Each  such  common  school  corporation  is  hereby  authorized  and  empowered 
to  issue  and  sell  its  bonds,  in  such  amounts  and  denominations  as  the  board 
of  school  commissioners  thereof  may  deem  advisable,  but  not  a  face  amount 
in  the  aggregate  in  excess  of  five  hundred  thousand  dollars  ($500,000)  prin- 
cipal, for  the  purpose  of  realizing  money  to  be  used  in  r-aying  for  the  con- 
struction of  a  library  building,  or  library  buildings,  for  a  main  library  or 
branch  libraries,  or  both,  and  in  paying  for  the  equipping  of  such  building 
or  buildings  and  for  the  improvement  of  the  grounds  surrounding  such 
buildings.    SucJb  bonds  spall  be  known  as  "library  building  bonds,"  and  they 
snail  bear  interest  at  a  rate  not  exceeding  four  and  one-half  (4  1-2)  per  cent 
per  annum,  and  the  interest  shall  be  paid  semi- annually.    Such  bonds  shall 


SCHOOL   LAWS    OF   INDIANA  173 

be  *•  >ld  by  the  school  city  issuing  them  at  not  below  par  and  shall  mature 
not  nore  than  forty  (40)  years  from  their  date.  They  may  be  issued  all  at 
one  nme  or  from  time  to  time,  but  in  no  event  in  an  aggregate  principal  sum 
of  i  lore  than  five  hundred  thousand  dollars  ($500,000).  No  bond  issued 
u in  T  the  authority  of  this  a°t  shall  be  delivered  until  the  money  therefor 
slia  have  been  paid  to  the  treasurer  of  the  school  'ity  issuing  it  and  interest 
the  eon  shall  begin  to  accrue  at  the  time  of  such  delivery.  Preparatory  to 
off<  ing  any  such  bonds  for  sale  by  any  such  school  city,  its  board  of  school 
cor  missioners  shall  give  notice  for  not  less  than  three  weeks  of  the  date 
fix*  1  for  the  sale  and  in  the  notice  give  a  brief  description  of  the  bonds  and 
of  le  mode  of  bidding,  and  inviting  bids.  Such  notice  shall  be  by  advertise- 
m<  it,  one  time  each  week  for  three  successive  weeks,  in  one  newspaper  pub- 
lisl  ?d  in  the  city  wherein  the  school  corporation  is  located  and  in  one  news- 
pa  er  published  in  the  --ity  of  New  York,  and  by  su  Ji  other  method  of  ad- 
vei  tising,  if  any,  as  the  board  of  school  commissioners  may  prescribe.  The 
sai  I  board  shall  sell  the  bonds  to  the  highest  and  best  bidder,  reserving, 
ho  /ever,  in  its  advertisements  and  notices,  the  right  to  reject  any  and  all 
hi*  •?.  The  proceeds  arising  from  all  sales  of  bonds,  made  in  pursuance  of 
th  *  act,  shall  be  kept  in  a  separate  fund  and  to  be  known  as  the  "library 
hi  Iding  fund"  and  be  used  only  for  the  puri  oses,  or  for  some  one  or  more  of 
tli  •  purposes,  hereinbefore  referred  to  as  objects  for  which  suo-h  bonds  are 
n\  thorized  to  be  issued.  (  §6548.) 

316.  Purchase  of  Grounds  and  Buildings.  29.  Said  board  of  school 
••()  nmissioners  may,  notwithstanding  the  provisions  of  the  above  section  28 
in  t  'ic  manner  authorized  by  law?  make  contracts  for  the  purchase  of  ground 
fo  •  school  buildings  and  for  the  erection  of  new  school  buildings,  and  give 
ib  obligations  therefor  or  for  the  money  to  pay  for  the  same:  Provided, 
T  lat  the  amount  of  such  obligations  outstanding  at  any  time  shall  not  exceed 
fh  e  cents  on  the  one  hundred  dollars  of  all  the  taxable  property  of  said  city 
as  ascertained  by  the  last  {receding  assessment,  and  any  such  contract  or 
ol  ligation  which  would  pause  the  aggregate  of  the  outstanding  obligations 
01  contracts  for  such  purpose  to  exceed  the  limits  above  si  ecified,  shall  as 
t«  such  cxr-ess  be  void.  In  estimating  the  amount  of  su3h  obligations,  those 
obligations  which  shall  be  in  for-e  at  the  time  this  law  shall  go  into  effect, 
01  the  funding  renewals  thereof,  s'.iall  not  be  taken  into  consideration.  ( §6543.) 

•tl  7.  Kminent  Domain,  may  Exercise.  30.  In  case  the  compensation 
to  be  paid  for  the  purchase  of  any  real  estate  req.iired  by  said  board  for  its 
-iiid  -rhonl  « itv  can  not  be  agreed  upon  or  determined  between  said  board  of 
> "hool  .< .in nii<s loners  and  the  parties  interested  in  the  land  desired  for  school 
s  tes,  then  tin-  board  of  school  commissioners  shall  have  the  power  of  eminent 
(iomain.  and  it  shall  be  its  duty  to  proceed  to  have  such  compensation  deter- 
i  lined,  arid  acquire  title  thereto  in  the  manner  provided  for  by  §§4517,  4518 
snd  4r>l-J  «,l  Burns'  Rev.  Stat.  of  1881.  (§6544.) 

318.  K<  moval  of  Commissioner.  31.  Any  member  of  the  board  of 
M-hool  ci.nnnissioncrs  may  be  removed  upon  petition  of  ten  residents  of  said 
<  ity  to  the  superior  or  circuit  court  of  said  county  in  which  said  city  is  located, 
upon  proof  of  either  official  misconduct  in  office  or  negligence  of  official  duties, 
of  of  conduct  in  any  manner  connected  with  his  official  duties  or  otherwise 
attaches  discredit  to  such  office  or  the  school  system,  or  for  mental 


174 


SCHOOL    LAWS    OF    INDIANA 


or  physical  inability  to  perform  his  duty  as  such  member,  but  before  such  re- 
moval he  shall  receive  five  days'  notice  of  the  filing  of  such  charges,  together 
with  a  copy  thereof.  Such  hearing  shall  be  had  promptly  and  without  the 
formation  of  any  issues  thereon,  but  said  charges  shall  be  regarded  as 
denied.  (§6545.) 

319.  Levy  to  Pay  Debts.     32.     It  shall  be  the  duty  of  said  board  of 
school  commissioners  at  the  regular  time  for  making  the  levy  of  taxes  to  make 
a  special  levy  of  an  amount  sum  nent  to  realize  the  sum  by  this  act  required 
to  be  paid  upon  the  principal  of  its  indebtedness  during  the  ensuing  year,  and 
the  proceeds  of  such  levy  shall  be  applied  to  no  other  purpose  than  the  pay- 
ment of  such  indebtedness.    This  levy  shall  be  made  as  a  part  of  the  levy  now 
authorized  by  law,  and  this  section  shall  not  permit  the  levy  of  any  additional 
tax  over  and  above  those  which  said  board  would  otherwise  be  authorized  to 
levy.    (§6546.) 

320.  Subsequent  Censuses.     33.     Whenever  any  city  which  has  not 
now  sufficient  population  to  bring  it  within  the  purview  of  this  act  shall, 
according  to  any  United  States  census  hereafter  taken,  have  a  population  of 
more  than  one  hundred  thousand  people,  an  election  of  the  board  of  school 
commissioners  shall  be  held  at  the  next  general  city  election  following  the 
year  in  which  such  census  shall  be  taken.    Such  election  to  be  held  in  accord- 
ance with  the  provisions  of  this  act,  and  this  act  shall  ttien  in  all  respects 
apply  to  and  govern  such  city  from  thenceforward.    ( §6547.) 

[Acts  1891,  p.  348.    Approved  March  7,  1891.] 

321.  Manual  Training  Schools.     I.     In  all  cities  of  the  State  of  In- 
diana having  a  population  of  one  hundred  thousand  or  over,  as  shown  by 
any  census  taken,  by  lawful  authority,  it  shall  be  lawful  for  the  board  of  school 
commissioners,  or  other  school  authorities  having  charge  and  management 
of  the  common  schools  of  said  city,  to  establish  in  connection  with   and  as 
part  of  the  system  of  common  schools  therein,  a  system  of  industrial  or  manual 
training  and  education,  wherein  shall  be  taught  the  practical  use  oi  tools  and 
mechanical  implements,  the  elementary  principles  of  mechanical  construction 
and  mechanical  drawing.    (§6550.) 

322.  Teachers  and  Instruction      ?.     Such  board  of  school  commis- 
sioners, or  other  school  authorities,  upon  establishing  such  system  of  manual 
or  industrial  training  and  education,  shall  employ  competent  instruction  in 
the  various  subjects  to  be  taught,  and  establish  such  general  rules  and  regula- 
tions for  the  admission  or  pupils  and  the  conduct  of  the  schools  wherein  the 
same  shall  be  taught  as  in  their  judgment  will  produce  the  best  results,  and 
give  instruction  to  the  largest  number  of  pupils  practicable.     They  may 
provide  for  such  instruction  in  separate  rooms,  or  separate  buildings,  as  in 
their  judgment  may  be  most  advantageous.    (§6551.) 

323.  Tax  to  Support  Schools-    3.    Any  such  board  of  school  commis- 
sioners or  other  school  authorities,  having  decided  to  establish  su^/h  system 
of  industrial  or  manual  training,  shall  have  authority,  in  addition  to  all  other 
taxes  now  authorized  to  be  levied,  to  levy  a  tax  of  not  exceeding  five  cents 
on  each  one  hundred  dollars  of  property  liable  for  taxation  for  school  purposes, 
to  be  levied  and  collected  as  other  taxes  for  school  purposes  are  levied  and 


SCHOOL    LAWS    OF    INDIANA  175 


i 


coll  Jted,  fo  the  purpose  of  purchasing  grounds  and  erecting  buildings,  or 
for  i  3nting  buildings  wherein  such  instruction  shall  be  given,  the  purchase  of 
all  ;  ecessary  tools,  implements  and  apparatus,  and  for  the  payment  of  in- 
stri  -tors  and  other  expenses  incident  to  the  maintenanie  thereof:  Provided, 
Thi  ;  no  portion  of  the  taxes  so  levied  and  collected  shall  be  applied  to  any 
oth  r  purpose.  (§6552.) 

[Acts  1909,  p.  91.     Approved  March  1.  1909.] 
TOTE.     Section  1  legalizes  proceedings  under  acts  prior  to  the  Act  of  1899. 

124.  Taxes — Powers  as  to  Levy  2.  Each  board  of  school  commis- 
sio  ers  in  each  city  of  more  than  one  hundred  thousand  inhabitants,  as 
des  gnated  in  section  one  of  his  act,  shall  have,  as  respects  the  levy  of  taxes 
1>\  i,  the  following  powers: 

To  levy  annually  the  following  amounts  on  each  one  hundred  dollars  ol 
all  axable  property  within  the  civil  city  in  which  such  school  city  is  located, 


A  sum  not  exceeding  four  (4)  cents,  the  proceeds  oc  which  levy  shall  be 
kn  >wn  as  the  "Library  Fund,"  which  fand  shall"  be  ased  for  establishing, 
m;  intaining  and  supporting  free  libraries  in  connection  with  the  common 
scl  ools  of  such  school  city,  and  in  paying  any  valid  liabilities  of  said  school 
cit  v,  incurred  for  any  or  all  of  said  library  purposes,  but  no  part  of  said  fund 
sh  ill  be  diverted  from  library  uses;  and  unless  said  board  of  school  commis- 
si(  ners  shall  have  otherwise  provided,  in  any  year,  funds  to  meet  the  principal 
and  interest  as  they  mature  of  any  "library  building  bonds,"  issued  in  pur- 
su  mce  of  said  Act  of  February  26,  1891  (Session  Laws  of  1891,  page  35), 
whose  title  is  quoted  in  the  preamble  of  the  [this]  a<;t,  or  to  the  extent  the 
said  board  shall  have  failed  so  otherwise  to  provide  finds,  the  payment 
of  said  principal  and  interest  shall  be  a  first  charge  on  the  proceeds  of  suoh 
library  tax,  and  the  duty  of  the  said  board  to  annually  levy  so  much  of  said 
four  (4)  cents  as  shall  be  so  found  necessary  for  that  purpose  is  hereby  made 
mandatory : 

A  sum  not  exceeding  five  (5)  ^ents,  the  proceeds  of  which  shall  be  known 
at.  the  "manual  training  fund,"  which  fund  shall  be  used  for  establishing, 
rraintaining  and  supporting  manual  training  or  vocational  schools,  or  both, 

0  •  man  ial  training  or  vocational  instruction,  or  both,  in  the  schools  or  high 
schools  of  such  school  city  to  the  extent,  and  in   such   of   said   schools 
a<   may  be  deemed  wise,  and  shall  be  used  in    paying  any  valid  lawful 
liabilities  of  said  school  ;  ity  incurred  for  any  or  all  of  said  purposes,  but  no 

1  art  of  said  fund  shall  be  diverted  from  such  uses;  and  unless  said  board  of 
3hool  commissioners  shall  have  otherwise,  in  any  year,  provided  funds  to 
leet  the  prim  i  >al  and  interest,  as  they  mature,  of  any  bonds  or  obligations 
f  said  scho  >\  <  ity  executed  and  issued  under  color  ot  law,  for  the  purchase  of 
rounds  or  the  ere.-tion  of  buildings  in  establishing  or  Carrying  on  manual 

1  raining,  or  to  the  extent  said  board  shall  have  failed  so  otherwise  to  provide 
such  funds,  the  payment  of  such  principal  and  interest  shall  be  a  first  charge 
on  tin-  ».rocceds  of  such  manual  training  tax,  and  the  duty  of  the  board 
annually  to  levy  so  mi  cb  of  said  five  (5)  cents  as  shall  be  so  found  necessary 
lor  that  purpose  is  hereby  made  mandatory: 


176 


SCHOOL   LAWS    OF   INDIANA 


A  sum  not  exceeding  one  (1)  cent,  the  proceeds  of  which  levy  shall  be  known 
as  the  "kindergarten  fund,"  which  tax  shall  be  levied  and  the  proceeds  thereof 
applied  only  as  provided  by  the  statute  of  the  State  of  Indiana,  approved 
March  6,  1901  (Session  Laws  of  1901,  page  123),  authorizing  the  levy  of  such 
tax  and  providing  for  the  application  of  the  proceeds  thereof : 

A  sum  not  exceeding  five  (5)  cents,  the  proceeds  of  which  shall  be  known 
as  the  "building  and  grounds  fund,"  which  fund  shall  be  used  for  the  purchase 
of  grounds  and  the  erection,  alteration  and  re  j  'air  of  buildings  for  the  use  of 
the  school  city  in  carrying  on  any  part  or  parts  of  its  lawful  school  and  library 
work: 

A  sum  not  exceeding  one  (1)  cent,  the  proceeds  of  which  shall  be  known 
as  the  "teachers'  pension. fund,"  and  which  shall  be  credited  by  the  treasurer 
of  said  school  city  to  the  trustees  of  the  teachers'  pension  hmd  and  shall  be 
used  only  for  the  purposes  expressed  in  the  statute  of  this  state,  approved 
March  9,  1907  (Session  Laws  of  1907,  page  268),  concerning  pensions  for 
aged,  infirm,  disabled,  diseased,  or  retired  teachers,  in  such  cities  of  one  hund- 
dred  thousand  or  more  inhabitants.  And  the  duty  of  said  board  of  school 
commissioners  to  levy  annually  said  tax  in  the  sum  of  one  (1)  cent  on  each 
one  hundred  dollars  of  such  taxables  is  hereby  made  mandatory: 

A  sum  not  exceeding  fifty-one  (51)  cents,  the  proceeds  of  which  shall  be 
known  as  the  "special  fund,"  from  which  fund  shall  be  appropriated  by  the 
said  board  annually  or  oftener  if  need  be,  a  sum  safficient  to  meet  all  interest 
charges  and  instalments  of  principal,  as  they  mature  of  all  of  the  debts, 
liabilities  and  obligations  of  the  said  school  city  for  whatsoever  purpose  con- 
tracted to  the  extent  su^h  interest  and  principal,  so  maturing,  have  not  been 
provided  for  by  said  board  by  appropriations  from  the  other  funds  under 
its  control,  as  above  mentioned,  which  principal  and  interest  so  maturing, 
so  to  be  provided  for  out  of  said  special  fund,  shall  be  a  first  charge  upon  said 
fund;  and  said  board  is  hereby  authorized  to  appropriate  and  use  the  re- 
mainder of  said  fund  for  any  common  school,  library  or  other  purpose  or 
work,  lawfully  within  the  control  or  management  of  said  board  of  school 
commissioners. 

The  aggregate  sum  levied  by  any  such  board  of  school  commissioners  in 
any  one  year  shall  not  exceed  sixty-seven  (67)  cents  on  each  one  hundred 
dollars  of  taxable  property  in  said  city;  the  taxes  authorized  by  this  section 
two  to  be  levied  by  any  board  of  [school]  commissioners  shall  be  the  only 
taxes  it  may  levy,  and  from  the  proceeds  of  said  fifty-one  (51)  cent  tax  or 
from  such  part  thereof  as  any  said  board  may  levy,  said  board  shall  provide 
for  carrying  out  in  said  city  the  so-called  "compulsory  education"  statutes 
without  a  separate  levy  for  that  purpose.  (§6539a.) 

325.  Bonds — Building  and  Grounds  Fund.  3.  If  any  such  schoo 
city,  as  is  designated  in  section  one  of  this  act,  shall  find,  and  its  board  of 
school  commissioners, by  resolution  duly  adopted  and  spread  upon  its  minutes, 
shall  declare  that  said  levy  of  five  (5)  cents  to  produce  a  "building  and  grounds 
fund,"  as  mentioned  in  section  two  of  this  act,  was  duly  made  by  it  in  the 
preceding  year,  but  that  the  proceeds  thereof,  to  become  payable  and  to  be 
collected  for  the  use  of  said  school  city  during  the  calendar  year  in  which 
such  resolution  shall  be  adopted,  will  be  insufficient  to  meet  the  necessary 
expenditures,  during  the  said  last  named  calendar  year,  of  said  school  city 


8CHOOLrLAWS    OF   INDIANA  177 


for  he  purchase  of  grounds,  and  the  erection,  alteration  and  repair  of  build- 
ing>  as  mentioned  in  section  two  of  this  act,  where  the  power  to  levy  said 
fivt  (5)  cents  is  given,  and  shall  declare  the  estimated  amount  of  the  proceeds 
of  s  kid  levy  so  to  be  received  during  that  year  and  shall  de-lare  the  amount 
of  *-  ich  deficit,  then  and  in  such  event  it  shall  be  lawful  for  said  school  city  to 
bor  ow  money  and  issue  the  bonds  of  said  school  city  to  the  amount  of  such 
defl  .it,  but  not  in  prinicpal  greater  than  the  sum  of  seventy-five  thousand 
dol  *rs  in  any  ODO  year.  Such  bonds  shall  be  known  as  "school  real  estate  and 
iin  rovement  bonds."  They  shall  bear  interest  at  a  rate  not  exceeding  tour 
(4)  per  ^ent  per  annum,  interest  payable  semi-ami,  i  ally  shall  be  sold  at  not 
I<-s  than  par  and  shall  matue,  as  nearly  as  may  be,  at  the  rate  of  fifty  thous- 
aiii  ($50,000)  dollars  a  year,  commencing  to  mature  on  the  first  day  of  July, 
thi  ty  years  after  [the]  year  in  which  they  are  issued.  No  bond  so  to  be  issued 
shi  il  be  delivered  until  the  price  therefor  shall  be  paid  to  the  treasurer  of 
sai  I  school  city,  and  no  interest  shall  accrue  thereon  before  such  delivery. 
Sii  h  bonds  shall  be  payable  to  bearer  and  shall  be  of  the  general  form  usual 
in  aunicipal  bonds.  Preparatory  to  offering  such  bonds  for  sale  the  board  of 
sel  ool  commissioners  shall  give  notice  for  not  less  than  three  (3)  weeks  of 
th<  date  fixed  for  the  sale  of  such  bonds  with  a  desi  ription  thereof  and  of  pro- 
po  als  therefor  and  inviting  bids  therefor;  such  notice  shall  be  given  by  ad- 
ve  tisement  by  one  insertion  in  at  least  one  newspaper  published  in  the  city 
of  fndianapolis,  and  one  insertion  in  at  least  one  newspaper  published  in  the 
cit  /  of  New  York,  and  such  other  advertisements  as  the  board  mav  make. 
Tl  e  board  shall  sell  the  bonds  to  the  highest  and  best  bidder  and  shall  reserve 
th  )  right  to  reject  any  or  all  bids.  The  proceeds  arising  from  such  sale  shall 
b>  used  for  no  purpose  other  than  the  purchase  of  real  estate  and  the  erection 
of  buildings  and  improvements  and  the  alteration  and  repair  of  buildings 
ar  d  improvements  upon  real  estate  of  such  school  city.  If  it  should  transpire 
th  at  any  part  of  such  proceeds  of  sale  has  not  been  used  during  the  calendar 
y(  ar  in  which  such  bonds  were  sold  such  unused  part  shall  be  held  as  a  sepa- 
ra  te  fund  to  be  used  in  a  subsequent  year  and  to  be  used  only  lor  such  purposes. 
T  3  the  extent  sunn  a  surplus  shall  exist  the  power  hereby  given  to  issue  bonds 
si  all  be  diminished  by  the  amount  of  such  surplus,  so  long  as  it  shall  remain 
u  lused.  Any  such  school  board  which  shall  exercise  the  power  given  by  this 
s(  3tion  three  by  issuing  bonds  shall  not  issue  any  other  bonds  of  any  kind 
d  iring  any  calendar  year  in  which  it  shall  so  issue  bonds  under  the  power  given 

P 7  this  act.  (§6548a.) 
[Acts  1911,  p.  356.] 
326.  Art  Association  Contract — Cities  of  First  Class.  2.  Whenever 
sny  board  of  school  commissioners  in  any  <*.ity  of  the  State  of  Indiana  having 
a  population  of  more  than  100,000,  according  to  the  last  preceding  United 
States  census,  has  heretofore,  in  good  faith,  paid  into  any  art  association  of 
said  city,  any  sum  or  sums  of  money,  under  the  terms  of  any  enactment  of 
1  he  general  assembly  then  supposed  to  be  valid,  and  which,  after  such  pay- 
ment, has  been  held  invalid  by  the  supreme  court  of  Indiana,  and  such  art 
.•issociation  has  rendered  the  services  required  by  such  enactment,  all  such 
payments  are  hereby  validated.  ( §6549b.) 


H 


8554—12 


178  SCHOOL   LAWS    OF   INDIANA 

[Acts  1909,  p.  91.    Approved  March  1,  1909.] 

327.  Powers  of  School   Commissioners.     5.     The  board  of  school 
commissioners  in  each  sucii  city,  as  is  designated  in  section  one  of  this,  act, 
shall  have  all  the  powers  and  duties  of  such  boards  as  are  conferred  by  exist- 
ing statutes  which  are  consistent  with  the  provisions  of  sections  one  to  four, 
both  inclusive,  of  this  act  and  shall  have  power:    To  establish,  own  and  con- 
duct, in  connection  with  the  common  school  system  of  its  school  city,  free 
public  libraries  and  branches  thereof  and  to  own  and  acquire  real  estate  for 
such  libraries  and  branches  in  all  of  the  ways  provided  by  law  for  the  acquisi- 
tion by  it  and  owning  of  real  estate  for  school  purposes :    To  examine,  by  its 
superintendent,  or  by  a  person  selected  by  him,  all  persons  applying  for 
positions  as  teachers  in  its  schools  and  to  issue  to  such  of  them  as  may  be 
found  to  be  qualified  a  license  to  teach  in  the  common  schools  of  said. city: 
To  acquire  by  purchase,  devise,  gift  or  lease,  or  by  condemnation,  grounds; 
construct  or  lease  buildings  for  school,  library  and  school  administration  and 
office  purposes;  employ  and  pay  superintendents,  teachers,  librarians  and  all 
other  employes  needed  in  any  branch  of  the  work  committed  to  said  board 
of  school  commissioners  and  to  disburse,  according  to  law,  all  moneys  of  said 
school  city  for  all  lawful  school,  library  and  other  school  city  purposes: 
To  have  and  exercise  in  such  school  city  full  and  exclusive  authority  con- 
cerning the  conduct  and  management  of  all  common  schools  and  public 
libraries,  carried  on  in  connection  with  such  schools,  including  the  establishing 
and  enforcing  of  all  regulations  for  the  grading  of,  and  of  courses  of  instruc- 
tion in,  all  of  said  schools  and  for  the  government  and  discipline  of  such  schools: 

To  maintain  night  schools  during  regular  school  terms  and  it  may  admit 
thereto  adults  and  children  over  fourteen  years  of  age;  and  to  maintain 
playgrounds  and  vacation  schools.  ( §6547a.) 

328.  Repeal.     6.    All  provisions  of  the  general  school  laws  of  the  state 
which  are  inconsistent  with  the  provisions  of  this  statute  or  with  the  statute 
of  this  state  of  March  4,  1899  (Session  Laws  of  1899,  page  434),  concerning 
common  schools  in  cities  of  more  than  one  hundred  thousand  population,  or 
with  any  statute  amendatory  of  that  act  or  supplemental  thereto  shall,  upon 
the  taking  effect  of  this  statute,  to  the  extent  they  are  so  inconsistent,  not  be 
effective  in  respect  of  the  common  schools  in  cities  such  as  are  designated  in 
section  one  of  this  act. 

[Acts  1915,  p.  41.] 

329.  Art    Associations — School    Board — Payments    to    Maintain. 

1.  That  in  any  city  having  more  than  one  hundred  thousand  inhabitants 
according  to  the  last  preceding  United  States  census  wherein  there  now  is  or 
hereafter  shall  be  an  art  association  which  is  incorporated  under  the  laws  of 
the  State  of  Indiana  without  sto^k  and  without  purpose  of  gain  to  its  mem- 
bers, but  organized  for  the  purpose  of  maintaining  a  permanent  art  gallery 
in  said  city  and  encouraging  and  promoting  education  in  the  fine  and  indus- 
trial arts  and  which  owns  buildings,  grounds,  works  of  art  and  other  proper 
equipment  for  the  study  of  art  in  said  city,  it  shall  be  the  duty  of  the  school 
city  of  such  city  and  of  the  board  of  school  commissioners  of  such  city,  if 
any,  to  pay  such  art  association  annually  in  quarterly  installments  a  sum 
equal  to  one-quarter  of  one  cent  on  each  one  hundred  dollars  of  the  taxables 


SCHOOL    LAWS    OF    INDIANA  179 


of  f-  M  city  as  valued  on  the  tax  duplicate  for  the  year  next  before  the  date 
of  <  wh  such  payment:  Provided,  Such  art  association  has,  by  proper  resolu- 
tion ,  adopted  by  its  board  of  directors  or  other  governing  body,  accepted 
all  he  provisions  of  this  act  and  filed  a  certified  copy  of  such  resolution  with 
sai  school  city  or  board  of  school  commissioners  of  said  city  prior  to  the 
da'  <  of  any  such  payment. 

330.  School  Officers— Board  of  Visitors.  2.  Xo  such  art  association 
sh;  1  be  entitled  to  receive  any  of  the  payments  so  hereinabove  provided  for 
iin  il  it,  by  a  proper  resolution  adopted  by  its  board  of  directors  or  other 
«:«•  «  ruing  body,  shall  have  tendered  to  said  school  city,  or  board  of  school 
co  imissioners  (1)  the  right  to  appoint  the  superintendent  of  the  common 
scl  ools  of  said  school  city  and  the  director  of  art  instruction  of  said  school 
cil  *,  if  any  su  ;h  there  be,  as  visitors  having  the  privilege  of  attending  all 
m<  atings  of  the  board  of  directors  or  other  governing  body  of  said  art  associa- 
te a  to  the  end  that  they  may  be  advised  as  to  the  work  done  and  proposed  to 
bt  done  by  said  association;  (2)  the  right  to  nominate  for  membership  in 
su  -h  board  of  directors  or  other  governing  body  persons  of  whom  at  least 
tv  o  shall  be  elected;  (3)  the  right  of  free  admission  ror  all  school  children 
ai  1  teachers  of  said  school  <;ity  to  its  museum  and  galleries  and  to  not  fewer 
tl  in  fifty  lectures  annually  on  the  fine  and  applied  arts;  (4)  the  right  to  use 
at  all  reasonable  times  and  in  all  reasonable  ways  the  association's  plant, 
e<  tiipment  and  facilities  for  education  in  art,  Consistently  with  their  use  by 
si  ch  association  and  in  connection  therewith  the  right  to  use  at  all  reasonable 
ti  nes  and  in  all  reasonable  ways,  under  the  association's  direction,  its  execu- 
ti  -re  and  teaching  staffs  consistently  with  their  established  duties  to  the  asso- 
ci  ition;  (5)  normal  instruction  in  the  fine  and  applied  arts  which  at  hah*  the 
r(  gnlar  rates  charged  by  said  association  for  like  instruction  may  be  availed 
ol  by  all  teachers  under  the  jurisdi<  lion  and  employment  of  said  school  citv 
o  board  of  school  commissioners ;  (6)  the  loan  to  such  school  city  or  board 
o:  school  commissioners  from  the  association's  collection  and  equipment  of 
suitable  and  available  works  of  art,  reproductions  and  photographs  for 
temporary  exhibitions  in  the  city's  schools  to  aid  and  supplement  the 
t- caching  in  such  schools;  (7)  and  such  exhibitions  in  its  museum  as  will 
supplement  and  illustrate  the  work  of  the  school  children  and  teachers 
under  the  authority  and  jurisdiction  of  said  school  city  or  board  of  school 
commissioners.  A  copy  of  said  resolution  daly  certified  by  the  president 
and  secretary  of  the  said  art  association  shall  be  filed  in  the  office  of  the 
school  city  or  of  the  board  of  school  commissioners  as  a  condition  precedent 
to  the  receipt  by  the  association  of  any  such  payments. 


331.  Acceptance  of  Provisions.  3.  That  in  any  city  s;ich  as  is  desig- 
mted  in  the  first  section  of  this  act,  wherein  there  now  is  or  hereafter  shall 
>e  an  art  association  which  is  incorporated  and  organized  in  the  manner 
md  for  the  purpose  stated  in  the  first  section  of  this  act,  and  which  owns 
•nildings,  grounds,  works  of  art  or  other  proper  equipment  for  the  study 
>f  art  in  said  e  it y.  it  shall  be  the  duty  of  the  said  city  to  pay  sjch  art  associa- 
tion annually  in  quarterly  installments  a  sum  equal  to  one  quarter  of  one 
•ent  on  each  one  hundred  dollars  of  taxable^  of  <aid  city  as  valued  on  the 
tax  duplicate  of  said  <  ity  for  the  y.-ar  next  before  the  date  of  each  such 
payment  provided  such  art  association  has,  by  a  proper  resolution  adopted 


180  SCHOOL   LAWS    OF   INDIANA 

by  its  board  of  directors  or  other  governing  body,  accepted  all  the  provisions 
of  this  act  and  filed  a  certified  eopy  of  said  resolution  with  the  coniDtroller 
of  said  city  prior  to  the  date  of  any  such  payment. 

332.  Mayor  and  Comptroller — Attend  Meetings.     4.     No  such  art 
association  shall  be  entitled  to  receive  any  of  the  payments  provided  for  in 
section  3  until  such  art  association  by  a  proper  resolution  adopted  by  its 
board  of  directors  or  other  governing  body,  shall  have  granted  to  the  mayor 
and  the  comptroller  of  said  r-.ity  the  right  to  attend  all  the  meetings  of  the 
board  of  directors  or  other  governing  body  of  said  art  association  to  the  end 
that  the  said  oity  may  at  all  times  be  advised  as  to  the  work  done  and  pro- 
posed to  be  done  by  said  art  association  and  the  right  to  nominate  for  mem- 
bership in  such  board  of  directors  or  other  managing  body  persons  of  whom 
at  least  two  shall  be  elected;    and,  as  further  consideration  for  the  benefits 
to  be  received  from  said  city  by  reason  of  siieh  payments,  shall  bave  granted 
to  all  the  inhabitants  of  said  •  itv  the  right  to  be  admitted  free  to  its  museum 
and  art  galleries  each  Saturday  and  Sunday  during  the  usual  hours.    A  copy 
of  such  resolution  duly  certified  by  the  president  and  secretary  of  the  art 
association  shall  be  filed  with  the  comptroller  of  said  city  as  a  condition  pre- 
cedent to  the  receipt  by  the  association  of  any  such  payments. 

333.  Resolution  in   Force.     5.     Atter  any  such  art  association  shall 
have  once  filed  respectively  with  the  school  city  or  the  board  of  school  com- 
missioners and  with  the  city  comptroller  the  resolution  hereinabove  provided 
for,  it  shall  not  be  required  to  renew  the  same  from  year  to  year  but   each 
such  original  resolution  snail  continue  and  remain  in  force  for  the  purposes 
named  until  by  like  resolution  likewise  certified  and  filed  any  such  original 
resolution  shall  be  revoked  or  rescinded. 

334.  Agreement  in  Force.    6.    So  long  as  any  such  art  association  shall 
do  and  perform  all  and  singular  the  things  by  it  so  agreed  to  be  performed 
as  considerations  for  the  benefits  to  be  received  by  it  under  this  act,  or  shall 
continue  to  be  able,  willing  and  ready  to  perform  the  same,  it  shall  be  entitled 
to  receive  the  said  several  payments  herein  provided  for. 

335.  One  Association  to  Participate — How  Chosen.     7.     If  at  any 

time  it  shall  transpire  that  in  any  citv  such  as  is  designated  in  the  first  section 
of  this  act  more  than  one  art  association  such  as  is  designated  in  that  section 
shall  have  qualified  as  hereinbefore  required  to  perform  the  several  public 
services  in  this  act  mentioned  nevertheless  the  moneys  in  this  act  authorized 
and  directed  to  be  paid  by  said  city  and  by  said  school  city  shall  be  paid  to 
but  one  of  such  associations.  In  sush  event  the  particular  association  to  which 
said  moneys  shall  be  paid  shall  be  the  one  selected  by  both  the  mayor  of  said 
city  and  by  the  managing  body  of  said  school  city  by  formal  corporate  action, 
as  the  association  best  qualified  and  equipped  to  perform  and  render  said 
several  public  services.  Nothing  in  this  act  shall  be  construed  as  limiting  the 
power  of  the  general  assembly  to  repeal  this  act  at  any  time. 

[Acts  1909,  p.  292.    Approved  March  6,  1909.] 

336.  Health  Inspection.    1.    In  every  city  of  this  state  having  a  popu- 
lation of  more  than  one  hundred  thousand,  according  to  the  last  United 


SCHOOL    LAWS    OF    INDIANA  181 

Stat  3  census,  it  shall  be  the  duty  of  the  board  of  public  health  and  charities 
of  si  )h  city,  for  the  protection  of  public  health,  to  make  medical  inspect  ion, 
fron  time  to  time,  ot  all  persons  attending,  or  employed  in  or  about  all  public, 
priv  te  and  parochial  schools  in  such  city.  For  this  purpose  such  board  of 
heal  h  shall  appoint,  from  time  to  time,  competent  physicians  to  make  the 
insp  ctions,  and  shall  prescribe  rules  and  regulations  concerning  the  number 
and  3haracter  of  inspections  and  for  the  doing  of  the  work  and  for  reports 
to  t  e  said  board  of  health  concerning  the  same.  Said  board  of  health  shall 
hav  power  to  prohibit  the  presence  in  or  about  any  such  school  of  any  pupil, 
tea'  ier,  other  employe,  or  person  whose  health  is  such  that  his  presence 
wot  d  be,  in  the  board's  opinion,  injurious  or  dangerous  either  to  the  person 
bin  elf  or  to  others  in  attendance  at  such  school,  and  such  prohibition  shall 
be  ffective  until  revoked  by  such  board  of  health.  Such  board  of  health 
sh;i  have  power  to  appoint,  from  time  to  time,  as  its  judgment  may  dictate 
disi  -ict  nurses  with  such  visitorial  powers  as  such  board  may  prescribe,  to 
the  3nd  that  such  board  may  be  kept  informed  of  the  care  and  attention  that 
is  1  -ing  received  by  persons  which  it  shall  have  so  excluded  from  the  school* 
am  may  be  kept  informed  of  the  progress  of  such  persons  toward  recovery. 
(§9  »49g.) 

J37.  Tax  Levy  for  Health  Inspector.  2.  All  expenses  necessarily 
inc  irred  in  carrying  out  the  provisions  of  this  act  shall  be  borne  by  such  civil 
cit;  .  It  is  hereby  made  the  duty  of  every  such  civil  city  annually,  beginning 
in  909,  to  levy  the  sum  of  one-half  (1-2)  cent  on  each  one  hundred  dollars 
($1  X).00)  of  taxables  within  such  city  to  create  a  fund,  to  be  known  as  the 
"s<  hool  health  fund,"  for  carrying  out  the  provisions  of  this  act.  Such  fund 
s.h;  11  under  no  circumstances  be  used  for  any  other  purpose,  but  for  the  pur- 
po?e  aforesaid  shall  be  subject  to  the  warrant  of  the  proper  city  official 
wit  hout  any  further  appropriation.  The  duty  of  making  such  levy  shall  be 
pei  formed  regardless  of  any  limit  now  existing  by  law  in  the  tax-levying  power 
of .  my  such  city.  ( §9549h.) 


[Acts  1911,  p.  96.    Approved  March  1,  1911.1 


338.  Trade  and  Industrial  Schools.  1.  In  all  cities  of  the  State  of 
In  liana,  having  a  population  of  200,000  or  over,  as  shown  by  the  last  pre- 
ceding census  of  the  United  States,  it  shall  be  lawful  whenever  the  school  city 
in  such  city  shall  have  a^q-.ired  title  to  and  possession  by  gift  or  donation, 
of  any  real  estate,  building,  and  personal  property  situated  in  such  city. 
whi.-h  real  estate,  buildings,  and  personal  projerty  have  heretofore  been 
us i'd  for  an  industrial  or  trade  school,  for  the  edj nation  of  boys,  in  the  trades 
of  printing,  lithography,  machinists,  moulding,  typesetting,  bricklaying, 
tile  setting,  pattern  making,  and  pharmacy,  for  the  board  of  school  com- 
missioners or  other  common  school  authorities  of  such  school  city,  in  addition 
t<  all  other  taxes  now  authorized  to  be  levied,  to  levy  annually  a  tax  of  three 
c<  nis  on  each  one  hundred  dollars  of  property  liable  for  taxation  for  school 
p  irposes  in  such  city,  to  be  levied  and  collected  as  other  taxes  for  school 
P  irposes  are  levied  and  collected,  for  the  purpose  of  maintaining  and  operat- 
ii  LT  su.-h  industrial  or  trade  school,  and  departments  thereof,  for  tea-hing 
sundry  trades  heretofore  mentioned,  and  such  other  trades  as  may  be  decided 
u^  on  by  such  s«'hool  authorities,  and  of  performing  any  conditions  incident  to 


182 


SCHOOL    LAWS    OF   INDIANA 


the  school  city's  acquisition  of  the  property:  Provided,  That  no  portion  of 
the  taxes  so  levied  and  collected  shall  be  applied  to  or  used  for  any  other 
purpose.  (§6549a.) 

339.  Maintenance  and  Operation.    2.    Such  board  of  school  commit 
sioners  or  other  common  school  authorities  of  such  city,  upon  acquiring, 
gift  or  donation,  title  to  and  possession  of  real  estate,  buildings  and  person? 
property  heretofore  used  as  an  industrial  or  trade  school,  as  mentioned  ii 
section  1  hereof  shall  maintain  and  operate  such  school  and  shall  employ 
competent  instructors  in  the  various  subjects  to  be  taught;  purchase  nec( 
sary  tools,  implements,  supplies,  and  apparatus,  and  establish  general  rul< 
and  requirements  for  the  admission  of  pupils,  courses  of  instruction,  and  tl 
conduct  of  such  trade  or  industrial  school  as  in  their  judgment  will  produce 
the  best  results  and  give  instructions  to  the  largest  number  of  pupils  practic- 
able, and  such  school  city  may  also  use  the  property  so  acquired  for  othe 
school  and  library  purposes,  but  in  no  way  that  will  materially  interft 
with  the,  conduct  of  trade  or  industrial  schools  or  schools  thereon.     (§6549b.) 

340.  Transfer — Tuition.     3.     The  transfer  tuition  charge  for  eacl 
child,  transferred  from  another  common  school  corporation  of  this  state, 
who  shall  take  any  trade  or  industrial  instruction  in  any  school  upon  the 
real  estate  so  acquired,  shall  be  the  actual  per  capita  cost  of  operating  the 
school  he  attends,  nothing  being  included  in  such  cost  for  permanent  improve- 
ments or  additions,  salaries  of  superintendents  or  for  cost  of  apparatus  or  for 
breakages  thereof.    If  a  child  not  entitled  to  sahool  privileges  in  said  school 
shall,  by  said  school  city  be  permitted  to  take  any  trade  or  industrial  instruc- 
tion in  any  school  upon  the  real  estate  so  acquired,  the  tuition  charged  such 
child  shall  not  be  greater  than  the  per  capita  cost  of  operating  the  school  he 
attends,  nothing  being  included  in  such  cost  for  permanent  improvement 
and  additions.    (§6549c.) 


[Acts  1913,  p.  99.] 

341.      Public   Playgrounds    and   Public    Baths — How    Establish* 

1.  That  the  board  of  health  and  charities  in  cities  of  the  first  class,  in  this 
state,  and  the  board  of  health  and  charities  or  the  board  of  school  commis- 
sioners, or  board  of  school  trustees,  in  cities  of  the  second,  third,  fourth  an( 
fifth  classes,  in  this  state,  be  and  the  same  are  hereby  authorized  to  establis 
maintain  and  equip  public  playgrounds,  public  baths  and  public  comfoi 
stations  in  said  cities.  That  the  boards  of  school  commissioners  and  board? 
of  school  trustees  or  boards  of  health  and  charities  in  such  cities  are  hereby 
authorized  to  use,  and  to  permit  the  use  of,  any  public  grounds  or  buildings 
under  their  control  as  in  their  judgment  may  be  required,  or  adaptable, 
pursuant  to  the  provisions  and  for  the  purpose  designated  in  this  act.  And 
such  boards  are  hereby  authorized  to  lease  or  purchase  grounds,  additional 
to  such  public  grounds,  either  adjacent  thereto  or  elsewhere  in  such  cities; 
and  such  boards  are  hereby  empowered,  pursuant  to  the  laws  of  eminent 
domain  now  or  hereafter  in  force  within  this  state,  to  condemn  real  estate 
be  used  for  the  purposes  herein  expressed  and  to  pay  for  such  real  estate 
condemned  out  of  the  revenue  hereinafter  provided  for  in  this  act.  (§6555rl.) 


SCHOOL    LAWS    OF   INDIANA 


183 


.'$  12.  How  Controlled.  2.  Such  boards  shall  have  full  control  and  cus- 
tod;  of  all  such  playgrounds,  baths  and  comfort  stations,  including  the  policing 
and  reservations  of  order  thereon,  and  may  adopt  suitable  rules,  regulations 
and  by-laws  for  the  control  thereof,  and  the  conduct  of  children  and  other 
per;-  >ns  while  on  and  using  the  same,  and  may  enforce  the  same  by  suitable  pen- 
alti«  >.  Such  boards  shall  appoint  a  commissioner  of  public  playgrounds,  public 
bat  s  and  public  comfort  stations,  whose  duty  it  shall  be  to  superintend 
and  manage  the  work,  to  select  directors  and  assistants,  who  while  on  duty, 
am;  for  the  purpose  of  preserving  order  and  the  observance  of  the  rules,  regu- 
lati  ns  and  by-laws  of  the  said  boards  shall  have  the  powers  and  authorities 
of  ]  3lice  officers  of  the  respective  cities  in  and  for  which  they  were  severally 
apj  )inted.  The  compensation  for  such  employes  shall  be  fixed  by  such  boards. 
(§6  >55sl.) 

J43.  Expenses — How  Paid.  3.  All  the  expenses  necessarily  incurred 
in  arrying  out  the  provisions  of  this  act  shall  be  borne  by  such  civil  cities. 
Th  common  councils  of  such  cities  of  the  first  class  shall  and  cities  of  the  see- 
on  ,  third,  fourth  and  fifth  classes  may,  annually,  beginning  in  1913,  levy 
the  sum  of  not  less  than  one  (1)  cent  nor  more  than  two  (2)  cents  on  each 
hu  idred  dollars  ($100.00)  of  taxables  within  such  cities  to  create  the  sum,  to 
be  inown  as  the  "recreation  fund,"  to  be  expended  by  such  boards  in  carrying 
ou  the  provisions  of  this  act.  Such  funds  shall  under  no  circumstances  be 
us<  d  for  any  other  purposes,  but  for  the  purposes  aforesaid,  shall  be  subject 
to  the  warrant  of  the  proper  city  official  without  any  further  appropria- 
tion (§G555tl.) 


184 


SCHOOL    LAWS    OF    INDIANA 


CHAPTER  XVI. 
SCHOOLS  IN  CITIES  OF  63,000  TO  69,000. 


SEC. 
344. 
345. 
346. 
347. 

348. 


Schools — Cities  second  class. 
Under  control  school  boards. 
Expenses — How  paid. 
Cities — Second  class — Government 

of  schools. 
School  corporations — Separate  from 

civil  corporations. 


SEC. 

349.  General  school  laws  applicable. 

350.  Qualifications  of  school  board. 

351.  How  elected. 

351a.  Applies  to  Other  Cities — When. 

352.  Pending  litigation — Present  mem- 

bers. 


[Acts  1913,  p.  281.] 

344.  Schools — Cities  Second  Class.     1.     That  the  board  of  school 
trustees  in  cities  having  not  less  than  sixty-three  thousand  (63,000)  nor  more 
than  sixty-nine  thousand  (69,000)  population  according  to  the  last  preceding 
United  States  census  be  and  the  same  are  hereby  authorized  to  establish, 
maintain,  and  equip  public  playgrounds  in  such  cities.     That  the  board  of 
park  commissioners  in  such  cities,  are  hereby  authorized  to  permit  the  use 
of  any  public  grounds  under  their  control  for  playground  purposes,   and  if 
in  their  judgment  deemed  necessary,  may  acquire  and   maintain   suitable 
grounds  specially  for  such  purposes.     (§6555ul.) 

345.  Under  Control   School  Boards.     2.     Such  school  boards  shall 
have  full  control  and  custody  of  all  such  playgrounds,  including  the  policing 
and  preservation  of  order  thereof,  and  may  adopt  suitable  rules,  regulations 
and  by-laws  for  the  control  thereof,  and  the  conduct  of  the  children  and  other 
persons  while  on  or  using  the  same,  and  may  enforce  the  same  by  suitable 
penalties.     Such  school  board  shall  appoint  directors,  teachers  and  assis- 
tants, whose  duty  it  shall  be  to  superintend  and  manage  said  playgrounds, 
and  to  preserve  order  and  observance  of  rules,  regulations  and  by-laws  of 
said  school  board.     The  compensation  for  such  employes  herein  shall  be 
fixed  by  said  school  boards.     (§6555vl.) 


346.  Expenses — How  Paid.  3.  All  the  expenses  necessarily  incurred 
in  carrying  out  the  provisions  of  this  act  shall  be  borne  by  the  civil  city.  The 
common  council  of  such  city  shall  annually,  beginning  in  1913,  levy  the  sum 
of  not  less  than  one  cent  nor  more  than  two  cents  on  each  one  hundred  dol- 
lars ($100.00)  of  taxables  within  said  city  to  create  the  sum  to  be  known  as 
the  "Playground  Fund,"  and  to  be  expended  by  such  school  board  in  the 
carrying  out  of  the  provisions  of  this  act.  Such  funds  shall  under  no  cir- 
cumstances be  used  for  any  other  purposes,  but  for  the  purpose  aforesaid 
and  shall  be  subject  to  the  warrant  of  the  school  boards  without  any  further 
appropriation.  The  duty  of  making  such  levy  shall  be  performed,  regardless 
of  any  limit  now  existing  by  law  in  the  tax  levying  power  of  such  city. 
(§6555wl.) 


SCHOOL    LAWS    OF    INDIANA  185 


(Acts  1913,  p.  24.] 


•47.  Cities — Second  Class — Government  of  Schools.  1.  That 
the  government  of  the  common  schools  in  cities  having  a  population  of  more 
th;i  i  sixty-three  thousand  inhabitants  and  less  than  sixty-nine  thousand  in- 
hal  tants,  according  to  the  last  preceding  United  States  census,  shall  be 
ves  ed  in  a  board  of  school  trustees,  which  shall  consist  of  three  members, 
ele  ted  in  the  manner  hereinafter  provided.  (§6504n.) 

318.     School    Corporations — Separate    from    Civil    Corporations. 

2.  Such  cities  are  hereby  declared  to  be  and  are  made  school  corporations 
for  school  purposes,  separate  and  distinct  from  the  civil  corporations  of  the 
sai  le  cities,  and  shall  be  known  and  designated  as  the  school  city  of  (naming 
th«  city) ;  and  the  several  boards  of  school  trustees  of  such  cities  shall  repre- 
sei  t  and  be  vested  with  all  the  authority  and  powers  of  school  cities,  and 
wi  h  the  management  and  control  of  the  common  schools  thereof.  (§6504o.) 

:J19.  General  School  Laws  Applicable.  3.  The  general  school  laws 
of  this  state  and  all  laws  and  parts  of  laws,  applicable  to  the  general  system 
of  common  schools  in  cities,  and  not  inconsistent  therewith,  shall  be  in  full 
fo  ce  in  such  cities;  and  such  boards  of  school  trustees  shall  also  have  and 
ex  ircise  all  the  powers  heretofore  and  hereafter  conferred  upon  the  school 
tr  istees  of  the  same  or  other  cities  of  the  state.  (§6504p.) 

350.  Qualifications  of  School  Board.  4.  The  members  of  such 
b<  ard  of  school  trustees  shall  be  at  least  twenty-five  years  of  age,  residents 
of  the  city,  and  shall  have  been  such  residents  of  the  city  for  at  least  three 
y<  ars  immediately  preceding  their  election.  They  shall  be  ineligible  to  any 
el  active  or  appointive  office  under  such  board  of  school  trustees  and  under 
tl  e  government  of  such  city  while  holding  membership  on  said  board.  They 
si  all  not  be  interested  in  any  contract  with,  or  claim  against  the  school 
city  in  which  they  are  elected,  either  directly  or  indirectly:  Provided,  That 
tl  is  act  shall  not  be  construed  to  prevent  anyone,  otherwise  eligible,  who  is 
connected  as  officer  or  stockholder  in  financial  institutions  holding  school 
fi  nd  deposits  under  the  state  depository  law  from  holding  such  office  as  school 
tnistee.  If  at  any  rinio  after  the  election  of  any  member  of  said  board,  he 
shall  become  interested  in  any  such  contract  with,  or  claim  against  said  school 
c  ty,  he  shall  thereupon  be  disqualified  to  continue  as  a  member  of  said  board, 
a  ad  a  vacancy  shall  thereby  be  created.  Every  member  of  said  board  shall, 
before  assuming  the  duties  of  his  office,  take  an  oath  before  some  one  quali- 
f  ed  to  administer  oaths  that  he  possesses  all  the  qualifications  required  by 
>"t,  that  he  will  honestly  and  faithfully  discharge  the  duties  of  his  office, 
that  he  will  not  while  serving  as  a  member  of  such  board,  become  interested 
cirectly  or  indirectly,  in  any  contract  with,  or  claim  against  said  school  city, 
j  nd  that  he  will  not  be  influenced  during  his  term  of  office,  by  any  considera- 
tion of  politics  or  religion,  or  anything  except  that  of  merit  and  fitness  in  the 
j.ppointment  of  officers  and  the  engagement  of  employes.  Each  member 
of  such  board  of  school  trustees  shall  receive  for  his  services  herein  such  com- 
M  nation  as  the  common  council  of  the  city  shall  fix,  which  compensation 
Oi a  11  be  paid  out  of  the  special  school  revenue  of  the  city.  (§6504q.) 


0 


186 


SCHOOL   LAWS    OF   INDIANA 


351.  How  Elected.     5.     The  said  board  of  school  trustees  shall  be 
elected   as  follows:     The  common  council  of  each  city  coming  under  the 
provisions  of  this  act  shall  annually  hereafter,  at  a  regular  meeting  of  such 
common  council  in  the  month  of  June,  elect  one  school  trustee,  who  shall 
hold  office  for  a  term  of  three  years,  from  the  first  day  of  the  next  succeeding 
August.     Such  trustee  together  with  those  whose  terms  of  office  have  not 
expired  shall  meet  within  five  days  after  the  first  day  of  August,  1913,  and 
annually  thereafter,  and  organize  by  electing  one  of  their  number  president, 
one  secretary,  and  one  treasurer.     The  treasurer,  before  entering  upon  the 
duties  of  his  office,  shall  execute  a  bond  to  the  acceptance  of  the  county  audi- 
tor, in  the  sum  of  fifty  thousand  dollars,  conditioned  as  an  ordinary  official 
bond,  with  a  reliable  surety  company  or  at  least  two  sufficient  freehold 
sureties,  who  shall  not  be  members  of  such  board,  as  surety  or  sureties  on 
such  bond.     The  president  and  secretary  shall  each  give  bond,  with  like 
surety  or  sureties,  to  be  approved  by  the  county  auditor,  in  the  sum  of 
twenty-five  thousand  dollars:     Provided,  That  such  boards  of  school  trustees 
may  purchase  said  bonds  from  some  reliable  surety  company,  and  pay  for 
them  out  of  the  special  school  revenue  of  their  respective  cities.     All  va- 
cancies that  may  ocour  in  said  board  of  school  trustees  shall  be  filled  by  the 
common  council  at  any  regular  meeting,  but  such  election  to  fill  a  vacancy 
shall  only  be  for  the  unexpired  term:     And,  provided  further,  That  the  present 
incumbents  of  the  offices  of  school  trustees  in  any  cities  coming  under  the 
provision  of  this  act  shall  hold  their  offices  until  the  expiration  of  the  terms 
for  which  they  have  been  elected  or  appointed.     (§6504r.) 

351a.  Applies  to  Other  Cities — When.  6.  Whenever  any  city  which 
has  not  the  requisite  population  to  bring  it  within  the  provision  of  this  act 
shall,  according  to  any  United  States  census  hereafter  taken,  have  a 
population  of  more  than  sixty-three  thousand  inhabitants  and  less  than 
sixty-nine  thousand  inhabitants,  then  this  act  shall  in  all  respects  apply  to 
and  govern  such  city  from  thenceforth.  (§6504s.) 

352.  Pending  Litigation — Present  Members.     7.     The  intendment 
of  this  act  is  and  shall  be  that  it  shall  not  affect  any  impending  litigation  but 
the  same  shall  be  concluded  and  judgment  rendered  and  enforced  as  if  this 
act  had  never  been  passed  and  that  all  school  trustees,  in  cities  coming  under 
the  provisions  of  this  act,  who  are  now  serving  unexpired  terms  in  such  office, 
shall  fill  out  such  unexpired  terms  under  the  provisions  of  this  act  the  same 
as  if  they  had  been  elected  to  such  office  under  the  provisions  of  this  act. 
(§6504t.) 


187 


CHAPTER  XVII. 

SCHOOL  CITIES  OF  55,000  TO  63,000. 


Cities  55,000  to  63.000 — Board  of 
school  tru- 

354  Qualification*;—  Interest     in      con- 

tracts— Salary. 

355  Election — Terms — Petition  for  can- 

didates. 


SEC. 
356. 
357. 
358. 
359. 
360. 


Next  election — Five  to  be  chosen. 
Present  incumbents  of  electives. 
Take  office  as  vacancies  occur. 
Future  census — Effect. 
Pending  litigation. 


[Acts  1911,  p.  358.    Approved  March  4,  1911.] 

353.  Cities  55,000  to  63,000—  Board  of  School  Trustees.      1.     The 

go  eminent  of  the  common  schools  in  cities  having  a  population  of  more  than 
fifl  /-five  thousand  inhabitants  and  less  than  sixty-three  thousand  inhabitants 
a» ••  ording  to  the  last  preceding  United  States  census,  shall  be  vested  in  a 
1  K  >  rd  of  school  trustees,  which  shall  consist  of  five  members,  elected  in  the 
in.  nner  hereinafter  provided.  (§6504f.) 

This  act  applies  only  to  Terre  Haute,  which  has  by  the  census  of  1910  a  population 
of   8.157. 

354.  Qualifications — Interest  in  Contracts — Salary.        2.        The 

in  mbers  of  such  board  of  school  trustees  shall  be  at  least  twenty-five  years 
of  age,  residents  of  the  city,  and  shall  have  been  such  residents  of  the  city 
fo  •  at  least  three  years  immediately  preceding  their  election.  They  shall  be 
in  eligible  to  any  elective  or  appointive  office  under  such  board  of  school 
tr  istocs  and  under  the  government  of  such  city  while  holding  membership  on 
said  hoard.  They  shall  not  be  interested  in  any  contract  with,  or  claim 
I  •  84  ainst  the  school  city  in  which  they  are  elected,  either  directly  or  indirectly: 
P  "ovided,  That  this  act  shall  not  be  construed  to  prevent  any  one,  otherwise 
eligible,  who  is  connected  as  officer  or  stockholder  in  financial  institutions 
h  >ldin^  school  fund  deposits  under  the  state  depository  law  from  holding 
sucli  office  as  school  trustee.  If  at  any  time  after  the  election  of  any  member 
o '  said  board,  he  shall  become  interested  in  any  such  contract  with,  or  claim 
against  said  school  city,  he  shall  thereupon  be  disqualified  to  continue  as  a 
member  of  said  board,  and  a  vacancy  shall  thereby  be  created.  Every 
i  lember  of  said  board  shall,  before  assuming  the  duties  of  his  office,  take  an 
«  a  tli  I  H -fore  some  one  qualified  to  administer  oaths  that  he  possesses  all  the 

<  uali fixations  required  by  this  act,  that  he  will  honestly  and  faithfully  dis- 

<  harm-  the  duties  of  his  office,  that  he  will  not,  while  serving  as  a  member  of 
Mich  hoard,  become  interested  directly  or  indirectly,  in  any  contract  with, 
or  claim  against  said  school  city,  and  that  he  will  not  be  influenced  during 

iis  term  of  ottice.  by  any  consideration  of  politics  or  religion,  or  anything 
•xcept  that  of  merit  and  fitness  in  the  appointment  of  officers  and  the  en- 
jairement  of  cmpl<>  h  member  of  such  board  of  school  trustees  shall 

Deceive  .-is  compensation  for  his  services  herein  the  sum  of  five  hundred  dollars 
($500.00)  per  annum.  (§6o04g.) 


188  SCHOOL   LAWS    OF   INDIANA 

355.  Election — Terms — Petition  for  Candidates.  3.  The  said 
board  of  school  trustees  shall  be  elected  on  a  general  ticket  for  a  term  of  four 
years  by  the  voters  of  any  such  city  qualified  to  vote  at  its  city  elections. 
The  members  of  such  board  shall  be  elected  at  the  regular  city  election  of 
such  civil  city,  and  shall  be  taken  from  the  city  at  large  without  reference  to 
districts,  and  such  election  shall  be  held  under  the  provisions  of  the  general 
laws  governing  such  city  elections,  so  far  as  they  are  not  inconsistent  with  the 
provisions  of  this  act.  Not  later  than  thirty  days  before  any  election  for 
members  of  the  board  of  school  trustees  provided  for  in  this  act,  legal  voters 
of  such  city  may  present  names  of  candidates  for  election  as  members  of  said 
board  of  school  trustees  to  a  board  of  canvassers,  consisting  of  the  mayor,  the 
clerk  and  the  comptroller  of  said  city  in  the  manner  following:  Each  candi- 
date shall  be  proposed  in  writing  by  not  fewer  than  two  hundred  legal  voters 
of  such  city.  No  more  than  five  candidates  may  be  named  in  any  one  pe- 
tition and  no  legal  voter  may  sign  for  more  than  five  candidates  on  petition 
or  petitions  for  any  one  election.  Upon  the  presentation  of  such  petition  to 
said  board  of  canvassers,  the  said  board  of  canvassers  shall  publish  for  five 
days  the  names  proposed,  in  at  least  two  of  the  daily  newspapers  printed  and 
published  in  said  city,  and  shall  certify  at  the  time  required  by  law  such  nom- 
inations to  the  regular  board  of  election  commissioners  for  said  city  election, 
who  shall  prepare  ballots  printed  on  plain  paper  which  shall  contain  the 
names  of  all  such  candidates,  arranged  in  order  to  be  determined  according 
to  lot  by  said  board  of  canvassers.  There  shall  be  nothing  on  said  ballot, 
except  as  otherwise  provided  herein,  and  except  the  names  of  the  candidates 
and  the  offices  to  be  filled,  together  with  the  square  in  front  of  each  name 
and  a  statement  at  the  head  of  the  ticket  of  the  number  of  trustees  for  whom 
the  elector  may  vote.  Such  ballot  shall  be  voted  at  said  regular  city  election 
and  deposited  in  a  separate  ballot  box  provided  for  the  purpose.  The  name 
of  any  candidate  shall  not  be  thus  published  and  placed  on  the  official  ballot 
by  the  said  board  of  canvassers  if  it  shall  appear  that  he  is  ineligible  for 
membership  on  the  said  board  of  school  trustees  under  the  provisions  of  sec- 
tion two  (2)  of  this  act.  Each  elector  may  vote  for  five  candidates  by  making 
a  cross  in  the  square  opposite  the  name  of  each  candidate  for  whom  he  votes. 
The  five  candidates  who  have  the  highest  number  of  votes  shall  be  declared 
elected.  The  vacancies  in  said  board  of  school  trustees  shall  be  temporarily 
filled  by  the  board  as  soon  as  practicable  after  such  vacancy  occurs,  except 
as  hereinafter  provided.  Any  such  member  so  chosen  to  fill  such  vacancy 
shall  hold  office  until  the  first  Monday  in  January  following  the  next  general 
city  election,  and  until  his  successor  is  elected  and  qualified:  Provided, 
however,  That  in  case  the  term  of  any  trustee-elect  as  provided  in  section  5 
of  this  act,  shall  commence  at  the  date  of  any  vacancy  occurring  prior  to 
the  first  Monday  in  January  following  the  next  general  city  election  after  the 
taking  effect  of  this  act,  then  in  that  event,  the  then  board  of  school  trustees 
shall  not  fill  such  vacancy  but  it  shall  be  filled  by  such  trustee-elect,  who  shall 
serve  as  provided  in  section  5  herein;  and  that  in  case  the  term  of  office  of 
any  such  trustee-elect  shall  commence  at  a  date  subsequent  to  the  date 
when  such  vacancy  occurs,  the  term  of  office  of  the  trustee  chosen  by  the  board 
to  fill  such  vacancy  shall  extend  only  to  the  date  of  the  commencement  of 
the  term  of  such  trustee-elect  and  until  such  trustee-elect  is  qualified,  and 


189 


: 


gucl  trustee-elect  shall  serve  as  provided  in  section  five  (5)  of  this  a"t. 
(§6.r  )4h.) 

.  56.  Next  Election — Five  to  be  Chosen.  4.  At  the  next  general 
city  election  after  the  taking  effect  of  this  act.  five  members  of  the  board  of 
sch-  >1  trustees  shall  be  elected  to  serve  as  herein  provided,  and  each  of  said 
tru  ee<  shall  hold  office  for  a  term  of  four  years,  and  until  his  successor  is 
e\e<  ed  and  qualified.  (§65041.) 

•57.  Present  Incumbents  or  Elcctives.  5.  School  trustees  holding 
offi  e  in  such  cities  at  the  time  of  taking  effect  of  this  act  who  obtained  such 
offi  e  by  election  by  popular  vote,  or  by  appointment  by  the  city  common 
cou  icil,  and  school  trustees-elect  who  obtained  such  election  by  popular 
vol  ),  or  by  appointment  by  the  city  common  council,  whose  terms  of  office 
ha1  e  not  commenced  at  the  time  of  the  taking  effect  of  this  act,  shall  continue 
to  told,  and  take  and  hold,  office  therein  respectively  as  such  school  trustee 
in  uch  cities  during  the  terms  of  office  for  which  they  were  so  elected  and  so 
ap  ointed.  And  if  any  such  city  shall  have  a  less  number  of  trustees  than 
fiv  at  the  time  of  the  taking  effect  of  this  act,  the  full  number  of  five  shall 
im  nediately  be  made  up  by  the  then  board  of  school  trustees  of  such  city 
sel  icting  persons  to  fill  the  place  or  places  on  such -board  of  school  trustees, 
an  I  the  new  member  or  members  so  selected  shall  serve  until  the  first  Mon- 
da  •  in  January  after  the  next  general  city  election  and  until  his,  or  their 
su<  cessor  or  successors  are  elected  and  qualified.  (§6504j.) 

358.  Take  Office  as  Vacancies  Occur.     6.     The  five  trustees  elected 
as  provided  by  section  four  (4)  of  this  act  shall  take  office  as  vacancies  may 
oc  -ur  by  reason  of  the  expiration  of  the  terms  of  office  of  the  trustees  as  pro- 
vi  led  in  section  three  (3)  and  five  (5)  herein,  and  said  trustees  shall  take 
ofl  ice  in  the  order  of  the  highest  number  of  votes  received  at  said  election.     If 
ai  y  number  of  said  trustees  shall  receive  the  same  number  of  votes,  the  order 
in  which  they  shall  respectively  take  their  office  shall  be  determined  by  lot. 
A    each  succeeding  general  city  election,  there  shall  be  elected  five  school  trus- 
to  3a  who  shall  respectively  succeed  the  members  serving  as  school  trustees  of 
ai.y  such  city,  upon  the  expiration  of  their  respective  terms  of  office,  in  the  same 
order  as  hereinbefore  provided.     And  each  of  said  trustees,  shah1  hold  office 
for  a  term  of  four  years  and  until  their  successors  respectively  are  elected 
and  qualified.     (§6504k.) 

359.  Future  Census — Effect.     7.     Whenever  any  city  which  has  not 
the  requisite  population  to  bring  it  within  the  provisions  of  this  act  shall, 
a  -cording  to  any  United  States  census  hereafter  taken,  have  a  population  of 
more  than  fifty-five  thousand  inhabitants,  and  less  than  sixty-three  thousand 
inhabitants,  then  this  act  shall  in  all  respects  apply  to  and  govern  such  city 
from  thenceforth.     (§65041.) 

360.  Pending   Litigation.     8.     It  is  the  meaning  and  intention  of 
tiis  act,  that  the  same  shall  not  affect  any  pending  litigation  but  the  same 

hall  be  concluded,  and  judgment  rendered  and  enforced  as  if  this  act  had 
ever  been  passed;  and  that  all  school  trustees  in  cities  contemplated  by  this 
ct  now  legally  in  office,  or  which  are  elected  and  are  hereafter  to  take  office, 
under  a  valid  law  <>{'  this  state,  shall  do  so,  and  all  questions  as  to  the  legality 
or  illegality  of  their  election  shall  not  be  disturbed  by  the  provisions  of  this 
(§6504m.) 


190 


SCHOOL    LAWS    OF   INDIANA 


I 


CHAPTER  XVIII. 

TAXATION. 


SEC. 
361. 
362. 
363. 


364. 
365. 


State  tax  levy. 

Uniform  tax. 

Special  school    revenue — Limit — 

Used  to  pay  teachers. 
Assessment  and  collection. 
Supplementary  tuition  fund. 


SEC. 
366. 
367. 


368. 


369. 


Local  tax — How  applied. 

Tax  for  town  school  house  and  to 

support  town  schools. 
Educational     Institution      Fund — 

Levy. 
Unexpended  balance. 


[Acts  1907,  p.  505.    Approved  March  11,  1907.] 


361.  State  Tax  Levy.     1.     There  shall  be  in  the  year  1907,  and  annual- 
ly thereafter,  assessed  and  collected  as  state  and  county  revenues  are  collected, 
thirteen  cents  and  six  mills  on  each  one  hundred  dollars  worth  of  taxable 
property,  real  and  personal  in  this  state,  and  in  addition  thereto  a  poll  tax 
of  fifty  (50c)  cents  upon  each  legal  voter  in  the  state,  which  money  when 
collected  shall  be  paid  into  the  state    treasury  for  a  common  school  tuition 
fund,  and  shall  be  apportioned  to  the  several  counties  in  the  manner  provided 
in  said  act,  section  one  of  which  is  hereby  amended.     (§6432.) 

1.  An  Act  of  1873  (p.  216)  legalized  tax  levies  for  tuition  made  by  school  trustees  of 
cities  prior  to  January  21,  1875. 

[Acts  1869,  p.  41.    Approved  and  in  force  May  13,  1869. J 

362.  Uniform  Tax.     1.     In  assessing  and  collecting  taxes  for  school 
purposes  under  existing  laws,  all  property,  real  ancf  personal,  subject  to  tax- 
ation for  state  and  county  purposes,  shall  be  taxed  for  the  support  of  common 
schools,  without  regard  to  the  race  or  color  of  the  owner  of  the  property. 
(§6440.) 

[Acts  1873,  p.  68.] 

363.  Special  School  Revenue— Limit— Used  to  Pay  Teachers. 

The  trustees  of  the  several  townships,  towns  and  cities,  shall  have  the  power 
to  levy  a  special  tax,  in  their  respective  townships,  towns  or  cities,  for  the 
construction,  renting  or  repairing  of  school  houses,  providing  furniture, 
school  apparatus,  and  fuel  therefor,  and  for  the  payment  of  other  necessary 
expenses  of  the  school,  including  tuition  and  teachers'  salaries,  whenever 
in  any  current  year  the  tuition  funds  shall  have  been  exhausted;  but  no 
tax  shall  exceed  the  sum  of  seventy-five  (75)  cents  on  each  one  hundred 
dollars  ($100)  worth  of  taxable  property,  and  one  dollar  ($1)  on  each  poll, 
in  any  one  year,  and  the  income  from  said  tax  shall  be  denominated  the  special 
school  revenue. 

[As  amended  1917,  p.  708.] 

1.  COMMISSIONERS  HAVE  NO  CONTROL.  By  the  above  section  the  legislature 
amended  the  act  of  1865,  giving  trustees  the  absolute  right  to  levy  a  special  tax  by 
increasing  the  amount  from  twenty-five  cents  to  fifty  cents,  and  reaffirming  the  former 
law,  otherwise  in  the  very  words  of  it.  This  clearly  removes  all  authority  of  com- 


; 


SCHOOL    LAWS    OF   INDIANA  191 

mis  oners  over  the  trustees  in  making  their  special  school  levies. — Cole  v.  State.  131 
Ind  591;  Shepardson  v.  Gillette,  133  Ind.  125. 

.  BANK  STOCK.  Shares  of  bank  stock  in  a  national  bank  are  liable  to  the  special 
tax  oithorized  by  this  section. — Daniels  v.  Strader,  39  Ind.  63;  Root  v.  Erdelmeyer, 
37  !  id.  225.  affirming  1  Wilson  99. 

.  WHO  LEVIES  AND  COLLECTS.  The  township  trustee  makes  the  recommenda- 
tioi  of  a  certain  rate  of  taxation,  but  the  township  advisory  board  makes  the  levy. 
Un  er  the  old  law  the  township  trustee  mi^ht  levy. — Heal  v.  Jefferson  Tp.,  15  Ind. 
431  Cole  v.  State.  131  Ind.  591;  Shepardson  v.  Gillette,  133  Ind.  125;  Adamson  v. 
Au  itor.  9  Ind.  174. 

[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

364.  Assessment   and   Collection.     13.     The  county  auditor  shall, 
up  Q  the  property  and  polls  liable  to  taxation  for  state  and  county  purposes, 
in,  <•'  the  proper  assessments  of  special  school  tax  levied  by  the  trustee,  in 
th    same  manner  as  for  state  and  county  revenue,  and  shall  set  down  the 
at:   »unt  of  said  tax  on  his  tax-list  and  duplicate  thereof,  as  other  taxes  are 
sei  down,  in  appropriate  columns;  and  he  shall  extend  said  assessment  to  the 
ta  able  property  of  the  person  transferred,  which  is  situate  in  the  township, 
to  rn.  or  city  to  which  the  transfer  is  made,  and  to  the  property  and  poll 
of  flic  p.-rson  transferred,  situate  in  the  township,  town  or  city  in  which  the 
p<  -son  taxed  resides,  according  to  the  rate  and  levy  thereof  in  the  township, 
to  vn  or  city  to  which  the  transfer  is  made,  and  for  its  use;  and  said  tax  shall 
hi  collected  by  the  county  treasurer  as  other  taxes  are  collected,  and  shall  be 
p«  id,  when  collected,  to  the  treasurer  for  school  purposes  of  the  proper 
to  vnship,  town  or  city,  upon  the  warrant  of  the  county  auditor.     To  enable 
co  nity  auditors  correctly  to  assess  said  tax,  the  county  superintendents  of 
th  3  several  counties  shall,  at  the  time  they  make  out  and  report  to  the  auditor 
tl  •  ha>is  of  the  apportionment  of  school  revenue  for  tuition,  as  is  required 
b;   section  4432  (§113],  make  out  and  report  to  said  auditor  a  statement  of 
trmsfers  which  have  been  made  for  school  purposes  according  to  section 
4^72.     (§6442.) 

[Acts  1803,  p.  409.     Approved  March  9,  1903.] 

365.  Supplementary    Tuition    Fund.      1.     The    school    trustees    of 
the  several  townships,  towns  and  cities  shall  have  power  to  levy  annually 
a  tax  not  exceeding  fifty  cents  on  each  one  hundred  dollars  of  taxable  property 
a  i«l  tweiity-tive  cents  on  each  taxable  poll,  which  tax  shall  be  assessed  and 
coll< >cted  as  the  taxes  of  the  state  and  county  revenues  are  assessed  and  col- 
ic cted,  and  the  revenues  arising  from  such  tax  levy  shall  constitute  a  supple- 
mentary tuition  fund,  to  extend  the  terms  of  school  in  said  townships,  towns 
and  cities  after  the  tuition  fund  apportioned  to  such  townships,  towns  and 
cities  from  the  state  tuition  revenues  shall  be  exhausted:     Provided,  how- 
e>er,  That  should  there  In-  remaining  in  the  tuition  fund  of  any  township, 
t  )wn  or  city  levying  such  tax  at  the  close  of  any  school  year  any  unexpended 
balances  of  such  supplementary  tuition  fund  assessed  and  collected  for  use 

i  such  school  year,  or  previous  years,  equal  to  or  exceeding  in  amount  one 
t  upon  each  one  hundred  dollars  of  taxable  property  in  said  township, 

own  or  city,  then  it  shall  be  the  duty  of  the  county  auditor  to  take  notice 
of  the  same,  and  at  the  time  when  the  trustee  or  trustees  of  such  school 
corporation  shall  make  the  annual  levy  for  such  tax  such  trustee  or  trustees 
shall  make,  under  oath,  an  estimate  of  the  amount  of  supplementary  tuition 


192  SCHOOL    LAWS    OF   INDIANA 

fund  that  will  be  required  to  meet  the  actual  expenses  of  the  schools  for  the  next 
school  year,  and  from  such  estimate  said  auditor  shall  deduct  the  unexpended 
balance  of  such  fund  in  such  trustee  or  trustees'  hands  on  the  first  Monday 
of  July,  and  the  said  trustee  or  trustees  shall  make  a  levy  not  larger  than  shall 
be  sufficient  to  produce  a  supplemental  revenue  equal  to  the  corporation  as 
well  as  upon  money  capital  paid  in :  Provided,  That  this  act  shall  not  apply 
to  waterworks  companies.  (§6443.) 

[Acts  1895,  p.  153.    Approved  March  7,  1895.] 

366.  Local  Tax,  How  Applied.     2.     The  funds  arising  from  such  tax 
shall  be  under  the  charge  and  control  of  the  same  officers,  secured  by  the  same 
guarantees,  subject  to  the  same  rules  and  regulations,  and  applied  and  ex- 
pended in  the  same  manner  as  funds  arising  from  taxation  for  common 
school  purposes  by  the  laws  of  this  state:     Provided,  That  the  funds  assessed 
and  collected  in  any  school  township,  school  town  or  school  city  shall  be  ap- 
plied and  expended  in  the  same  school  township,  town  or  city  in  which  such 
funds  shall  have  been  assessed  and  collected.     (§6444.) 

1.     ANTICIPATING.     This  revenue  is  not  forbidden  to  be  anticipated,  as  is  the 
state's  tuition  revenue. — Harney  v.  Wooden,  30  Ind.  178. 

[Acts  1905,  p.  219.     Approved  March  6,  1905.] 

367.  Tax  for  Town   Schoolhouse  and    to  Support  Town  Schools. 

31.  The  board  of  town  trustees  shall  have  the  following  powers:  *  *  * 
Nineteenth.  To  erect  or  provide  such  school  houses  as  may  be  necessary  for 
the  use  of  the  schools  of  the  town,  to  complete  schoolhouses  in  process  of 
erection  and  provide  for  the  payment  of  the  cost  of  the  same,  to  keep  all  such 
school  houses  in  repair  and  to  provide  fuel  and  other  necessaries  therefor. 
(§9005.) 

[Acts  1913,  p.  506.] 

368.  Educational    Institution    Fund — Levy.     4.     There    shall    be 
levied  and  collected  upon  the  taxable  property  of  the  State  of  Indiana  in 
the  year  1913,  and  in  each  year  thereafter,  for  the  use  and  benefit  of  the  In- 
diana University  (Indiana  University  School  of  Medicine,  and  Hospital), 
Purdue  University  and  the  Indiana  State  Normal  School  to  be  apportioned 
as  hereinafter  in  this  act  provided,  a  tax  of  seven  cents  on  each  one  hundred 
dollars  of  taxable  property  in  Indiana,  to  be  levied,  collected  and  paid  into 
the  treasury  of  the  State  of  Indiana,  in  like  manner  as  other  state  taxes  are 
levied  and  collected  and  paid,  and  the  same  shall  be  distributed  and  appor- 
tioned among  them,  severally  upon  the  basis  as  follows,  viz.:     To  the  said 
trustees  of  Indiana  University  upon  the  basis  of  two-fifths  (2-5)  of  the  total 
proceeds  of  this  tax;  to  the  trustees  of  Purdue  University  upon  the  basis  of 
two-fifths  (2-5)  of  the  total  proceeds  of  this  tax;  and  to  the  trustees  of  the 
Indiana  State  Normal  School  upon  the  basis  of  one-fifth  (1-5)  of  the  total 
proceeds  of  this  tax.     The  money  derived  from  the  tax  provided  for  in  this 
act  shall  be  paid  to  the  trustees  of  said  institution  on  warrants  of  the  auditor 
of  state,  in  the  same  manner  as  the  benevolent  institution  fund  is  disbursed 
to  boards  of  trustees  of  benevolent  and  reformatory  institutions.     When  the 
funds  provided  for  by  this  act  for  said  educational  institutions  shall  become 
available,  said  funds  shall  constitute  the  total  amounts  to  be  paid  out  of  the 


SCHOOL    LAWS    OF    INDIANA 


193 


trea  iry  of  the  state  to  said  institutions  for  any  purpose,  then-after,  and  all 
acts  ,nd  parts  of  acts  in  conflict  with  this  provision  are  hereby  repealed: 
Pro>  >l«L  That  nothing  in  this  aH  shall  effect  in  any  way  any  endowment  or 
pern  uieiit  fund  or  funds  that  may  belong  to  or  may  have  been  appropriated 
for  e  ;her  Indiana  University  or  Purdue  University  or  the  right  of  any  of  said 
insli  utions  mentioned  in  this  act  to  any  taxes  heretofore  levied  for  their 
bem  it,  but  all  such  taxes  heretofore  levied  are  hereby  saved  to  said  institu- 
tion :  And,  Provided,  further,  That  no  part  of  the  general  school  revenue 
of  tl  j  state  shall  be  deducted  or  set  apart  to  the  State  Normal  School. 

[Acts  1913,  p.  507.] 

:  69.  Unexpended  Balance.  5.  In  case  there  shall  be  any  unexpend- 
ed 1  ilance  at  the  end  of  any  fiscal  year,  of  the  funds  provided  for  by  this 
act,  apportioned  to  any  one  of  said  educational  institutions,  the  same  shall 
not  'evert  to  the  general  fund  but  shall  remain  and  belong  to  said  institution 
to  \  hich  it  was  apportioned,  to  be  expended  in  the  future  only  for  the  phy- 
sica  improvement  of  such  institution;  and  no  educational  institution  herein 
nan  ed  shall  construct  any  new  building  or  buildings  from  said  fund  without 
lirs'  receiving  the  approval  of  the  state  board  of  finance. 


194 


SCHOOL    LAWS    OF    INDIANA 


CHAPTER  XIX. 
SCHOOLS  IN  CITIES  OF  45,000  TO  55,000. 


SEC. 

370.  Cities  of  45,000  to  55,000. 

371.  Powers  of  school  board. 

372.  Building — Bonds. 


Sue. 

373.  Special  tax. 

374.  Proceeds  of  bonds. 

375.  Population. 


[Acts  1901,  p.  21.     Approved  February  20,  1901.     In  force  May,  1901.  J 

370.  Cities  of  45,000  to  55,000.     1.     All  cities  of  this  state  having 
population  exceeding  forty-five  thousand  (45,000),  and  less  than  fifty-five 
thousand  (55,000),  according  to  the  last  preceding  United  States  census, 
have  been  heretofore  and  are  hereby  declared  to  be  and  are  made  schc 
corporations  for  school  purposes,  separate  and  distinct  from  the  civil  coi 
porations  of  such  cities,  and  shall  be  known  and  designated  as  the  school 

city  of (naming  the  city) ;  and  the  several  boards  of  school 

trustees  of  such  cities  shall  represent  and  be  vested  with  all  the  authority  am 
powers  of  such  school  cities,  and  with  the  management  and  control  of  the 
common  schools  thereof.     (§6509.) 

371.  Powers  of  School  Board.     2.     The  general  school  laws  of  this 
state,  and  all  laws  and  parts  of  laws,  applicable  to  the  general  system  of 
common  schools  in  cities,  and  not  inconsistent  therewith,  shall  be  in  full  force 
in  such  cities.     And  such  boards  of  school  trustees  shall  also  have  and  ex- 
ercise all  the  powers  heretofore  or  hereafter  conferred  upon  the  school  trust 

of  the  same  or  other  cities  of  the  state.     (§6510.) 

372.  Building — Bonds.     3.     Such  board  of  school   trustees  in 
such  city  may  purchase  land  and  erect  thereon  a  building  or  buildings  foi 
the  purposes  of  a  high  school  and  a  manual  training  school.     For  the  pi 

of  raising  the  necessary  funds  to  purchase  such  grounds,  and  for  the  erectioi 
of  such  buildings,  such  board  of  trustees  may  borrow  money,  and  from  time 
to  time  issue  and  sell  the  negotiable  bonds  of  such  school  city,  in  such  sums 
and  denominations  as  to  said  board  may  seem  advisable,  drawing  not  to  ex- 
ceed four  per  cent  interest  per  annum,  payable  semi-annually  and  running 
such  length  of  time,  not  to  exceed  twenty  years,  and  payable  at  such  place 
as  to  said  board  may  seem  best,  and  the  said  board  shall  have  the  power 
to  refund  said  bonds,  or  any  part  thereof,  and  to  issue  and  sell  other  bonds, 
in  lieu  of  those  taken  up  and  paid,  by  issuing  and  selling  similar  bonds  of 
such  city:  Provided,  however,  That  the  aggregate  amount  of  such  bonds 
outstanding  at  any  time  shall  not  exceed  one  hundred  and  twenty-five  thou- 
sand dollars  ($125,000).  Such  bonds  shall  be  executed  by  and  in  the  name 
of  the  board  of  school  trustees  of (naming  the  city)  by  the  presi- 
dent of  the  board,  which  such  board  shall  have  power  to  adopt  and  use,  and 
shall  be  attested  by  the  treasurer  or  secretary  of  such  board,  and  when  so 
executed  and  issued  they  shall  constitute  an  indebtedness  of  the  school  city 


SCHOOL    LAWS    OF    INDIANA  195 

of  and  for  the  benefit  of  which  they  are  issued,  and  such  school 
cit>  issuing  the  same  shall  be  liable  for  and  shall  assume  and  pay  such  bonds. 
($'ll.) 

73.  Special  Tax.  4.  Said  boards  of  school  trustees  shall  have  the 
pov.  ;»r  to.  and  shall  levy  a  special  tax  sufficient  to  pay  the  interest  on  such 
I  01  Is.  and  to  create  a  sinking  fund  for  the  payment  of  the  principal  thereof, 
\vh«  i  due:  Provided,  however,  That  the  total  tax  levied  for  the  payment 
of  j-  ich  interest  and  sinking  fund,  and  for  the  construction  and  repair  of  school 
bui  lings,  to  provide  furniture,  school  apparatus  and  fuel,  and  for  the  pay- 
im>  t  of  other  necessary  expenses  of  the  schools  of  such  city  (except  for  tuition, 
libi  try  and  compulsory  educational  purposes),  shall  not  exceed  the  sum 
of  Ity  cents  on  each  hundred  dollars'  worth  of  taxable  property  and  one 
dol  ar  on  each  poll  in  such  cities  in  any  one  year.  (§6512.) 

$74.  Proceeds  of  Bonds.  5.  The  proceeds  of  the  sale  of  such  bonds 
sh£  1  be  paid  to  the  treasurer  of  said  board  of  school  trustees,  to  enable  such 
bo;  rd  to  pay  for  such  grounds  and  erect  such  building  or  buildings;  but  be- 
for  the  issue  or  sale  of  such  bonds  such  treasurer  shall  make  and  file  with  the 
coi  nty  auditor  a  bond,  payable  to  the  State  of  Indiana,  in  a  sum  not  less  than 
th<  full  amount  of  such  bonds  to  be  issued  and  sold,  and  with  security,  to 
be  ipproved  by  said  auditor  conditioned  for  the  faithful  and  honest  applica- 
tio  i  of  such  money  to  the  purposes  for  which  the  same  was  provided ;  and  such 
tre  isurer,  and  such  surety  and  sureties  on  such  bond,  shall  be  liable  on  a  suit 
on  such  bond  for  any  waste,  misapplication  or  loss  of  such  money  in  the  same 
ma  aner  and  to  the  same  extent  as  now  provided  for  waste  or  loss  of  school 
re\enue.  (§6513.) 

375.  Population.  6.  Whenever  any  city  which  has  not  the  requisite 
po  mlation  to  bring  it  within  the  provisions  of  this  act  shall,  according  to  any 
Ur  ited  States  census  hereafter  taken,  have  a  population  of  more  than  forty- 
fiv)  thousand  (45,000),  and  less  than  fifty-five  thousand  (55,000),  then  this 
aci  shall  in  all  respects  apply  to  and  govern  such  city  from  thence  forward. 
(§(414.) 

When  this  law  was  enacted  in  1901.  Fort  Wayne  had  a  population  of  45,115  and  was 
the  only  city  to  which  it  applied.  By  the  census  of  1910,  Fort  Wayne  has  a  population 
of  >3,933,  and  has  therefore  passed  out  of  the  class.  South  Bend  conies  into  the  class 
by  the  census  of  1910,  with  a  population  of  53,684. 


196 


SCHOOL    LAWS    OF    INDIANA 


CHAPTER  XX. 
VOCATIONAL  EDL  CATION. 


SEC. 

376.  Vocational  education — Definitions. 

377.  Establishment  of  schools. 

378.  Classes — How  divided. 

379.  Co-operative  schools. 

380.  Studies — How  outlined. 

381.  State  Board  of  Education — Duties. 

382.  State  Board,  Comprised  of. 

383.  Appointments — flow  made. 

384.  Advisory  committee. 

385.  Admission   to   Schools — To   whom 

made. 

386.  Compulsory  attendance. 

387.  County  Agent — Petition. 

388.  Cities  and  towns — Reimbursed. 

389.  State  maintenance. 

390.  Claims  for  reimbursement. 


SKC. 

391.  Salaries  and  expenses. 

392.  When  effective. 

393.  Schools — Cities    first    class — Non- 

residents— Vocational  Schools. 

394.  Property  in  trust — Bonds  issued. 

395.  Additional  high  school  buildings — 

Bonds  may  be  issued. 

396.  Pending  liti  Cation. 

397.  Schools — Agricultural  and  Domes- 

tic Science — Petition — Levy. 

398.  Buildings — Bonds  issued. 

399.  Township  trustee — Maintenance. 

400.  Annual  tax  levy. 

401.  Acceptance  of  act    of    congress — 

Vocational  education. 

402.  State  treasurer  custodian  of  funds. 

403.  Duties  of  board  of  education. 


[Acts  1913,  p.  37.] 

376.  Vocational  Education.  1.  The  following  words  and  phrases 
as  used  in  this  act  shall,  unless  a  different  meaning  is  plainly  required  by  the 
context,  have  the  following  meanings: 

1.  "Vocational  education"  shall  mean  any  education  the  controlling 
purpose  of  which  is  to  fit  for  profitable  employment. 

2.  "Industrial  education"  shall  mean  that  form  of  vocational  education 
which  fits  for  the  trades,  crafts  and  wage-earning  pursuits,  including  the 
occupation  of  girls  and  women  carried  on  in  stores,  workshops,  and  other 
establishments. 

3.  "Agricultural  education"  shall  mean  that  form  of  vocational  educa- 
tion which  fits  for  the  occupations  connected  with  the  tillage  of  the  soil, 
the  care  of  domestic  animals,  forestry  and  other  wage-earning  or  productive 
work  on  the  farm. 

4.  "Domestic  science"  education  shall  mean  that  form  of  vocational  edu- 
cation which  fits  for  occupations  connected  with  the  household. 

5.  "Industrial  agricultural  or  domestic  science  school  or  department" 
shall  mean  an  organization  of  courses,  pupils  and  teachers  designed  to  give 
either  industrial,  agricultural  or  domestic  science  education  as  herein  defined, 
under  a  separate  director  or  head. 

6.  "Approved  industrial,  agricultural  or  domestic  science  school  or  de- 
partment" shall  mean  an  organization  under  a  separate  director  or  head, 
of  courses,  pupils  and  teachers  approved  by  the  state  board  of  education  de- 
signed to  give  either  industrial,  agricultural  or  domestic  science  education  as 
herein  defined. 


SCHOOL    LAWS    OF    INDIANA 


197 


7  "Evening  class"  in  an  industrial,  agricultural  or  domestic  science 
sch(>'  I  or  department  shall  mean  a  class  giving  such  training  as  can  he  taken 
by  p  rsons  already  employed  during  the  working  day,  and  which  in  order  to 
be  c  lied  vocational  must  in  its  instruction  deal  with  the  subject-matter  of 
the  <  iv  employment,  and  be  so  carried  on  as  to  relate  to  the  day  employment; 
but  '  vening  classes  in  domestic  science  relating  to  the  home  shall  be  open  to 
all  v  )inen  over  seventeen  who  are  employed  in  any  capacity  during  the  day. 

8  "Part-time  classes"  in  an  industrial,  agricultural  or  domestic  science 
schc  >1  or  department,  shah1  mean  a  vocational  class  for  persons  giving  a  part 
of  t  eir  working  time  to  profitable  employment  and  receiving  in  the  part- 
tim<  school  or  department,  instruction  complementary  to  the.  practical  work 
can    -d  on  in  such  employment.     To  give  a  part  of  their  working  time  such 
per-  »ns  give  a  part  of  each  day,  week  or  longer  period  to  such  part-time  class 
duri  ig  the  period  in  which  it  is  in  session.     (§6641a.) 


"  —  Generally  it  is  the  presumption  that  the  word  "shall,"  as  used  in  a  given 
law.  i<  to  h<>  construed  in  an  imperative  sense,  unless  a  different  legislative  intent 
clea  y  appcar<  from  the  context  or  manifest  purpose  of  the  act  as  a  whole.  —  State  of 
Iruli  na.  «-.\  rcl.  Simpson  et  al.  v.  Meeker  et  al.,  182  Ind.  240. 

•77.  Establishment  of  Schools.  2.  Any  school  city,  town  or  town- 
shi]  may  through  its  board  of  school  trustees  or  school  commissioners  or 
tov.  iship  trustee,  establish  vocational  schools  or  departments  for  industrial, 
agr  3ultural  and  domestic  science  education  in  the  same  manner  as  other 
schools  and  departments  are  established  and  may  maintain  the  same  from 
the  common  school  funds  or  from  a  special  tax  levy  not  to  exceed  10  cents  on 
ea<-  i  SI  00  of  taxable  property,  or  partly  from  the  common  school  funds  and 
par  ly  from  such  tax.  School  cities,  towns  and  townships  are  authorized 
to  laaintain  and  carry  on  instruction  in  elementary  domestic  science,  indus- 
tria  I  and  agricultural  subjects  as  a  part  of  the  regular  course  of  instruction. 
(§6J41b.) 

:i7«.  Classes  —  How  Divided.  3.  In  order  that  instruction  in  the 
principles  and  practice  of  the  arts  may  go  on  together,  vocational  schools 
anc  departments  for  industrial,  agricultural  and  domestic  science  education 
may  offer  instruction  in  day,  part-time  and  evening  classes.  Such  instruc- 
t  in  i  shall  be  of  less  than  college  grade  and  be  designed  to  meet  the  vocational 
net  ds  of  per>ons  over  1  1  years  of  age  who  are  able  to  profit  by  the  instruction 
olYered.  Attendance  upon  such  day  or  part-time  classes  shall  be  restricted 
to  peraona  over  14  and  under  '_>.">  years  of  age;  and  upon  such  evening  classes 
to  persons  over  17  years  of  age.  (§6641  c.) 

379.  Co-operative  Schools.  4.  Two  or  more  school  cities,  towns  or 
to-uishipsor  eombinat  ions  thereof,  may  co-operate  to  establish  and  maintain 
vojational  schools  or  dejartments  for  industrial,  agricultural  or  domestic 
science  education  or  in  supervising  the  same,  whenever  the  school  board  or 
to  \nship  trustees  of  s.idi  school  <-ities,  towns  or  townships  shall  so  determine 
and  apportion  the  cost  thereof  among  the  cities,  towns  and  townships  co- 
o|  crating.  Whenever  s  ich  co-operative  schools  or  departments  have  been 
determined  upon  !>y  an\  school  cities,  towns  or  townships,  or  combination 
thereof,  the  presidents  of  the  school  boards  of  the  cities  or  towns  and  the 
township  trustees  of  the  townships  co-operating  shah1  const  in  te  a  board  for 


198  SCHOOL    LAWS    OF    INDIANA 

the  management  of  such  school  or  department,  such  board  may  adopt  for 
a  period  of  one  >  ear  or  more,  a  plan  of  organization,  administration  and  sup- 
port for  si.ch  school  or  department  and  the  plan,  if  approved  by  the  state 
board  of  education  s'iall  constitute  a  binding  contract  between  cities,  towns 
and  townships  entering  into  a  co-operation  to  support  such  schools  and  courses 
which  shall  be  cancelled  or  annulled  only  by  the  vote  of  a  majority  of  the 
school  boards  or  township  trustees  of  such  school  cities,  towns  or  townships 
and  the  approval  of  the  state  board  of  education.  (§6641d.) 

380.  Studies — How  Outlined.     5.     Elementary  agriculture  shall  be 
taught  in  the  grades  in  all  town  and  township  schools;  elementary  industrial 
work  shall  be  taught  in  the  grades  in  all  city  and  town  schools,  and  elemen- 
tary domestic  science  shall  be  taught  in  the  grades  in  all  city,  town  and  town- 
ship schools.     The  state  board  of  education  shall  outline  a  course  of  study 
for  each  of  such  grades  as  they  may  determine  which  shall  be  followed  as 
a  minimum  requirement.     The  board  shall  also  outline  a  course  of  study  in 
agriculture,  domestic  science  and  industrial  work,  which  they  may  require 
city,  town  and  township  high  schools  to  offer  as  regular  courses.     After  Sep- 
tember 1,  1  U5,  all  teachers  required  to  teach  elementary  agriculture,  indus- 
trial work  or  domestic  science  shall  have  passed  an  examination  in  such  sub- 
jects prepared  by  the  state  board  of  education.     (§6641e.) 

381.  State  Board  of  Education— Duties.     6.     The  state  board  of 
education  is  hereby  authorized  and  directed  to  investigate  and  to  aid  in  the 
introduction  of  industrial,  agricultural  and  domestic  science  education,  to 
aid  Cities,  towns  and  townships  to  initiate  and  superintend  the  establishment 
and  maintenance  of  schools  and  departments  for  the  aforesaid  forms  of  edu- 
cation; and  to  supervise  and  aporove  such  schools  and  departments,  as  here- 
inafter provided.     The  board  of  education  shall  make  a  report  annually  to 
the  general  assembly  describing  the  condition  and  progress  of  industrial, 
agricultural  and  domestic  science  education  during  the  year  and  making  such 
recommendations  as  they  may  deem  advisable.     (§6641f.) 

382.  State  Board,  Comprised  of.     (See  §23.) 

383.  Appointments — How  Made.     8.     The  state  superintendent  of 
public  instruction,  with  the  advice  and  approval  of  the  state  board  of  educa- 
tion, shall  appoint  a  deputy  superintendent  in  charge  of  industrial  and  do- 
mestic science  education  who  shall  act  under  the  dire  tion  of  the  state  sup- 
erintendent of  public  instruction  in  carrying  out  the  provisions  of  this  act. 
The  salary  and  term  of  office  of  such  deputy  shall  be  fixed  by  the  board  and 
he  shall  be  removable  by  the  board  only  for  cause. 

The  state  superintendent,  with  the  approval  of  the  state  board  of  educa- 
tion, is  authorized  to  co-operate  with  Purdue  University  in  the  appointment 
or  some  person  actively  connected  with  the  agricultural  extension  work  at 
Purdue  as  an  agent  in  supervising  agricultural  education,  who  shall  serve 
in  a  daal  capacity  as  an  agent  of  tie  state  superintendent  and  an  assistant 
at  Purdue  University.  The  board  and  the  authorities  of  Purdue  University 
may  fix  the  proportion  of  the  salary  of  such  agent  to  be  borne  by  the  state 
and  by  the  university.  Such  person  shall  be  subject  to  removal  for  cause 
by  the  state  board  of  education. 


SCHOOL    LAWS    OF    INDIANA  199 


/ 11  expenses  incurred  in  discharge  of  their  duties  by  deputies  and  agents 
shall  be  paid  by  the  state  from  funds  provided  for  in  this  act.  (§6641h.) 

3  14.  Advisory  Committee.  9.  Boards  of  education  or  township 
trus  3es  administering  approved  vocational  schools  and  departments  for 
indi:  .trial,  agricultural  or  domestic  science  education,  shall,  under  a  scheme 
to  b  approved  by  the  state  board  of  education,  appoint  an  advisory  commit- 
tee <  >mposed  ot  members  representing  local  trades,  industries  and  occupations. 
It  s  all  be  the  duty  of  the  advisory  committee  to  counsel  with  and  advise 
the  ioard  and  other  school  officials  having  the  management  and  supervision 
of  *•  ich  schools  or  departments.  (§6641i.) 

85.  Admission  to  Schools — To  Whom  Made  10.  Any  resident 
of  i  ay  city,  town  or  township  in  Indiana,  which  does  not  maintain  an  ap- 
pro ed  vocational  school  or  department  for  industrial,  agricultural  or  do- 
m«-  ic  science  education  offering  the  type  of  training  which  he  desires,  may 
mal  e  application  for  admission  to  such  school  or  department  maintained  by 
ano  her  city,  town  or  township  or  any  school  of  secondary  grade  maintaining 
an  <•  pproved  industrial,  agricultural  or  domestic  science  school  or  department. 
Th<  state  board  of  education,  whose  decision  shall  be  final,  may  approve  or 
dis;  pprove  such  application.  In  making  such  decision  the  board  shall  take 
int<  consideration  the  opportunities  for  free  vocational  training  in  the  com- 
mu  tity  in  which  the  applicant  resides;  the  financial  status  of  the  community; 
the  age,  sex,  preparation,  aptitude  and  previous  record  of  the  applicant,  and 
all  Dther  relevant  circumstances. 

The  school  city  or  town  or  township  in  which  the  person  resides,  who  has 
bet  a  admitted  as  above  provided,  to  an  approved  vocational  school  or  de- 
par  :ment  for  industrial,  agricultural  or  domestic  science  education,  maintained 
by  another  city,  town  or  township  or  other  school,  shall  pay  such  tuition  fee 
as  nay  be  fixed  by  the  state  board  of  education,  and  the  state  shall  reim- 
l)iu<c  such  school  --ity  or  town  or  township  as  provided  for  in  this  act.  If 
anj  school  city  or  town  or  township  neglects  or  refuses  to  pay  for  such  tuition, 
it  s  hall  be  liable  therefor  in  an  action  of  contra  ,t  to  the  school  city  or  town  or 
tovnship  or  cities  and  towns  and  townships  or  other  school  maintaining  the 
school  which  the  pupil  with  the  approval  of  the  said  board  attended. 
(§6641j.) 

386.  Compulsory  Attendance.     11.     In  case  the  board  of  education 
or  :ownship  trustee  of  any  city,  town  or  township  have  established  approved 
vocational  schools  for  the  instruction  of  youths  over  fourteen  years  of  age 
who  are  engaged  in  regular  employment,  in  part-time  classes,  and  have  form- 
ally accepted  the  provisions  of  this  section,  such  board  or  trustee  are  author- 
ized to  require  all  youths  between  the  ages  of  fourteen  and  sixteen  years 
wl  o  are  regularly  employed,  to  attend  school  not  less  than  five  hours  per 
we  ek  between  the  hours  of  8  a.  m.  and  5  p.  m.  during  school  term.     (§6641k.) 

387.  County  Agent — Petition.     12.     Whenever  twenty  or  more  resi- 
de ats  of  a  county,  who  are  actively  interested  in  agriculture,  shall  file  a 
petition  with  the  county  board  of  education  for  a  county  agent,  together 
with  a  deposit  of  $500.00  to  be  used  in  defraying  expenses  of  such  agent,  the 
county  board  of  education  shall  file  said  petition,  within  thirty  days  of  its 
receipt,  with  the  county  council,  which  body  shall,  upon  receipt  of  such  pe- 


200 


SCHOOL    LAWS    OF    INDIANA 


tition,  appropriate  annually  the  sum  of  $1,500.00  to  be  used  in  paying  the 
salary  and  other  expenses  of  said  county  agent.  When  the  county  approp- 
riation has  been  made  the  county  board  of  education  shall  apply  to  Purdue 
University  for  the  appointment  of  a  county  agent  whose  appointment  shall 
be  made  annually  and  be  subject  to  the  approval  of  the  county  board  of  ed- 
ucation, and  the  state  board  of  education.  When  such  appointment  has  been 
made,  there  shall  be  paid  annually  from  the  state  fund  provided  for  in  this 
act,  to  Purdue  University,  to  be  paid  to  tlie  county  providing  for  a  county 
agent,  an  amount  sufficient  to  pay  one-half  the  annual  salary  of  the  rounty 
agent  appointed  as  herein  provided:  Provided,  That  not  more  than  $1,000 
shall  be  appropriated  to  any  one  county:  Provided,  further,  That  not  more 
than  thirty  (30)  counties  during  the  year  ending  September  30,  1914;  and 
sixty  (60)  counties  daring  the  year  ending  September  30,  1915,  shall  be  en- 
titled to  state  aid.  It  shall  be  the  duty  of  su^h  agent,  under  the  supervision 
of  Purdue  University,  to  co-operate  with  farmers'  institutes,  farmers',  clubs 
and  other  organizations,  conduct  practical  farm  demonstrations,  boys'  and 
girls'  clubs  and  Contest  work  and  other  movements  for  tbe  advancement  of 
agriculture  and  country  life  and  to  give  advice  to  farmers  on  practical  farm 
problems  and  aid  the  county  superintendent  of  schools  and  the  teachers  in 
giving  practical  education  in  agriculture  and  domestic  science.  The  county 
board  of  education  is  hereby  authorized  to  file  monthly  bills  covering  salary 
and  expenses  of  oounty  agent,  the  same  to  be  approved  by  Purdue  university, 
with  the  county  auditor  who  shall  draw  his  warrant  or  warrants  on  the 
Bounty  treasurer' for  the  payment  of  same.  (§66411.) 

In  view  of  par.  1,  art.  8,  of  the  Constitution  making  it  the  duty  of  the  legislature  to 
encourage  by  all  suitable  means,  moral,  intellectual,  scientific  and  agricultural  improve- 
ment, and  to  provide  by  law  for  a  general  and  uniform  system  of  public  schools  and  in 
view  of  the  purpose  of  the  Act  of  1913,  known  as  the  Vocational  Education  law,  to 
meet  existing  industrial  and  social  problems  by  an  adaptation  of  the  public  schools  to 
the  needs  of  the  people,  par.  12  of  the  act  providing  for  the  appointment  of  a  county 
agent  to  assist  in  giving  practical  education  in  agriculture,  and  for  making  appropria- 
tions of  money  for  the  purpose,  is  not  invalid  as  conferring  a  special  privilege  on  an 
arbitrary  class  of  persons,  since,  while  it  provides  only  for  agricultural  education,  other 
sections  of  the  act  provide  for  vocational  education  along  other  lines. 

The  Vocational  Education  law  is  designed  to  operate  uniformly  in  all  parts  of  the 
state  where  the  same  circumstances  and  conditions  exist,  and  the  uniformity  of  opera- 
tion is  not  destroyed  by  the  mere  fact  that  par.  12  of  the  act  providing  for  county 
agents  to  assist  in  giving  practical  education  in  agriculture,  designates  a  different  meth- 
od for  determining  the  need  for  that  kind  of  education. 

Section  12  of  the  Vocational  Education  law  providing  that  the  county  council  shall, 
upon  the  filing  of  a  petition  for  the  appointment  of  a  county  agent  to  assist  in  agricultur- 
al education,  make  a  certain  appropriation  of  money  for  that  purpose,  is  mandatory, 
and  hence  mandamus  will  lie  to  compel  the  council  to  make  the  appropriation. — State 
of  Indiana,  ex  rel.  Simpson  et  al.  v.  Meeker  et  al.,  182  Ind.  240. 

County  council  can  be  mandated  to  appropriate  salary  for  county  agent,  when 
same  has  been  properly  appointed. — Comer  v.  State,  110  N.  E.  984. 

388.  Cities  and  Towns — Reimbursed.  13.  Vocational  schools  or 
departments  for  industrial,  agricultural  and  domestic  science  education  shall 
so  long  as  they  are  approved  by  the  state  board  of  education  as  to  organiza- 
tion, location,  equipment,  courses  of  study,  qualifications  of  teachers,  metnods 
of  instruction,  conditions  of  admission,  employment  of  pupils  and  expendi- 
tures of  money,  constitute  approved  vocational  schools  or  departments. 
School  cities  and  towns  and  townships  maintaining  such  approved  vocational 
schools  shall  receive  reimbursement  as  provided  in  this  act.  (§6641m.) 


.89.     State 


SCHOOL    LAWS    OF    INDIANA  201 


Maintenance.  14.  Tin-  slate,  in  unlcr  t<>  aid  in  the  main- 
ten;  ice  of  approved  vocational  schools  or  departments  for  industrial,  agri- 
cult  iral  and  domestic  science  education,  shall,  as  provided  in  this  act.  pay  ;:n- 
nua  .y  to  school  cities  and  towns  and  townships  maintaining  such  schools  and 
dep  rtments  an  amount  equal  to  two-thirds  of  the  sum  e.vM-uded  for  instruction 
in  ^  national  and  technical  subjects  authorized  and  approved  by  the  state 
boa  d  of  education.  Such  cost  of  instruction  shall  consist  of  the  total  amount 
rai  d  by  local  taxation  and  expended  for  the  teachers  of  approved  vocational 
am  technical  subjects.  School  cities  and  towns  and  townships  that  have 
pai  claims  for  tuition  in  approved  vocational  schools  shall  be  reimbursed 
by  he  state  as  provided  in  this  act,  to  the  extent  of  one-half  the  sums  ex- 
pri  led  by  such  school  cities  and  towns  and  townships  in  payment  of  such 
da  us.  (§6641n.) 

J90.  Claims  for  Reimbursement.  15.  Any  school  city,  town  or 
tov  tiship  having  claims  for  reimbursement  against  the  state  under  the  pro- 
vi-  >ns  of  this  act  shall  present  the  same  to  the  state  board  of  education  on 
or  >efore  July  1st  of  each  year  immediately  following  the  completion  of  the 
wo  k  for  which  they  are  entitled  to  reimbursement  from  the  state.  The 
bo;  rd  shall  if  they  approve  the  claim  authorize  its  payment  by  the  auditor 
of  tate  who  shall  thereupon  draw  his  warrant  on  the  treasurer  of  state  for 
th(  payment  of  the  amount  due  such  school  city,  town  or  township,  from  the 
fin  d  provided  in  this  act.  (§6641o.) 

391.  Salaries  and  Expenses.  17.  A  sum  sufficient  to  pay  the  sala- 
rie  ;  and  expenses  of  the  deputies,  agents  and  employes  in  carrying  out  the 
provisions  of  this  act,  and  an  amount  sufficient  to  carry  out  the  provisions 
of  section  12  is  hereby  appropriated  annually  for  two  years,  to  be  available 
on  and  after  April  1,  1913.  Thereafter  all  salaries  and  expenses  shall  be  paid 
fn  in  tht  i  nid  provided  for  in  this  act.  (§6641q.) 


392.  Win-  11   Infective.     18.     This  act  shall  take  effect  as  to  the  pro- 
vi;  ions  for  state  aid  to  approved  vocational  schools  at  the  beginning  of  the 
sc  100!  year  1914-1915.     All  other  provisions  of  this  act,  including  tiie  pro- 
visions for  a  county  agent,  as  provided  in  section  12,  s'uall  be  in  force  from 
aid  after  its  publication. 

[Acts  1915.  p.  153.1 

393.  Schools—  Cities    First    Class  —  Non-residents  —  Vocational 

S  >lio<»ls.  1.  That  any  common  school  corporation,  in  a  city  of  this  state 
h.iving  a  population  of  more  than  one  hundred  thousand  according  to  the 
1;  st  preceding  Tinted  States  census,  which  has  established,  or  shall  establish, 
a  -cordini;  to  law.  vocational,  trade  and  industrial  schools  in  such  city,  may 
a  luiit  to  such  schools  non-residents  of  the  State  of  Indiana  on  the  payment 
o  '  reasonable  laboratory  and  shop  fees  and  a  tuition  fee  of  not  more  than  the 
c  >st  to  said  school  corporation,  per  pupil,  of  conducting  s-'ch  vocational, 
t  -ade  and  industrial  schools;  in  estimating  such  cost  the  school  corporation 
s  iall  include  noi'iing  as  a  return  or  interest  on  capital  invested  in  buildings, 
nmds  or  equipment  or  for  interest  on  any  bonds  or  on  other  obligations. 


II 


202 


SCHOOL    LAWS    OF    INDIANA 


394.  Property  in  Trust — Bonds  Issued.  2.  Any  common  schx 
corporation  in  a  city  of  this  state  having  a  population  of  more  than  one 
hundred  thousand,  according  to  the  last  preceding  Unites  States  census,  may- 
accept  property  in  trust  to  be  used  for  common  school,  or  vocational,  trade  or 
industrial  school  purposes,  or  for  library  purposes,  and,  as  trustee,  whether 
made  such  trustee  by  appointment  of  a  court  or  by  the  founder  of  the  trust, 
may  perform  suih  trust  by  using  the  trust  prorerty,  consistently  with  the 
terms  of  the  trust,  in  conducting  schools  or  vocational,  trade  or  industrial 
schools  or  libraries.  If  any  such  school  city  shall,  by  a  resolution,  or  other 
formal  corporate  action,  of  its  board  of  school  commissioners,  accept  real 
estate  or  other  property  in  trust,  as  above  stated,  and  the  trust  property 
shall,  at  the  time  of  acceptance,  be  subject  to  liens  or  charges  of  any  kind 
which  shall  be  in  sums  not  greater  in  their  aggregate  amount  than  fifty  (50) 
per  cent  of  the  then  fair  ->,ash  value  of  the  full  fee  simple  title  of  the 
trust  property,  were  it  free  of  the  trust,  and  such  value  shall  have  been 
ascertained  by  written  appraisal  made  by  three  disinterested  residents  of 
such  city  selected  by  such  board  of  school  commissioners,  then,  and  in 
that  event,  the  school  city  is  hereby  authorized,  in  its  discretion,  to 
pay  off  and  discharge  such  liens  or  charges,,  or  any  part  or  parts  thereof, 
and  to  make  such  payment  at  one  time,  or  from  time  to  time.  For  the  pur- 
pose of  raising  money  to  pay  off  and  discharge  any  such  liens  or  charges  and 
to  erect  and  oquip  buildings  on  the  trust  real  estate  needed  in  the  due  execu- 
tion of  the  trust,  such  school  city  is  hereby  given  power,  to  be  exercised  at 
its  discretion,  to  borrow  money,  and,  from  time  to  time,  a,s  required,  to  issue  its 
bonds  therefor  in  any  sum  needed  for  one  or  both  of  such  purposes,  but  there 
shall  not  be  outstanding  at  any  one  time  bonds  issued  under  the  authority 
of  this  act  in  a  principal  sum  greater  than  three  hundred  thousand  dollars 
($300,000).  The  power  to  issue  such  bonds  shall  be  a  continuing  power 
and  new  issues  for  like  purposes,  in  performing  the  same  trust,  or  other  trusts 
such  as  are  herein  mentioned,  may  be  made  when  necessary,  but  at  no  time 
shall  this  power  be  executed  while  there  shall  be  bonds  issued  under  this 
power  of  three  hundred  thousand  dollars  ($300,000)  principal  outstanding, 
nor  at  any  time  to  an  amount  which,  added  to  such  bonds  then  outstanding, 
would  make  an  aggregate  principal  of  more  than  $300,000.  No  bond,  issued 
under  the  authority  of  this  act,  shall  be  delivered  until  the  money  therefor 
shall  have  been  paid  to  the  treasurer  of  the  school  city,  issuing  it;  and  interest 
thereon  shall  not  begin  to  accrue  before  the  time  of  such  delivery.  Such 
bonds  shall  bear  interest  at  a  rate  of  not  more  than  four  and  one-half  (4  1-2) 
per  cent  per  annum,  and  the  interest  shall  be  payable  semi-annually.  The 
bonds  shall  be  sold  by  the  school  city  issuing  them  at  not  below  par  and  shall 
mature  not  more  thac  forty-five  (45)  years  from  their  date  and  they  shall  be 
known  as  "educational  trust  bonds,"  and  may  be  made  to  mature  at  one  time 
or  at  different  times,  as  the  school  city  may  choose. 

Preparatory  to  offering  any  such  bonds  for  sale  such  school  city,  by  its 
board  of  school  commissioners,  shall  give  notice,  for  not  less  than  three  (3) 
weeks,  of  the  date  and  place  fixed  for  the  sale  and  in  the  notice  shall  give  a 
brief  description  of  the  bonds  and  of  the  mode  of  bidding  and  invite  bids. 
Such  notice  shall  be  by  advertisement  for  three  weeks  by  publication,  one 
time  in  one  newspaper  published  in  the  city  wherein  the  school  corporation 
is  located  and  one  time  in  one  newspaper  published  in  the  city  of  New  York, 


SCHOOL    LAWS    OF    INDIANA  203 

and  y  such  other  method  of  advertising,  if  any,  as  the  board  of  school  corn- 
miss  >ners  may  prescribe.  The  board  shall  sell  the  bonds  to  the  highest  and 
best  oidder,  reserving,  however,  in  its  advertisements  and  notices,  the  right 
to  r-  ject  any  and  all  bids. 

'\  he  proceeds  arising  from  all  sales  of  bonds,  made  in  pursuance  of  this 
act,  hall  be  kept  in  a  separate  fund  and  be  known  as  "educational  trust  bond 
fun<  ,"  and  shall  be  used  only  for  one  or  more  of  the  pur-.oses  hereinbefore 
rofe  red  to  as  objects  for  which  such  bonds  are  hereby  authorized  to  be  issued. 

95.     Additional  High  School  Buildings— Bonds  May  Be  Issued. 

3.  That  the  common  school  corporation  in  any  city  of  this  state  of  more 
tlia  one  hundred  thoi  sand  inhabitants,  according  to  the  last  preceding 
TJ'i  ed  States  census,  when,  by  reason  of  the  crowded  condition  of  its  schools, 
a  r  jcessity  arises  for  providing  additional  high  school  buildings,  in  such 
sch  ol  city,  and  when  the  school  city  shall,  by  formal  resolution  adopted  and 
spr  ad  upon  its  minutes  declare  that  such  need  exists  and  that  such  school 
cit;  has  not  and  will  not  have  the  means  to  build  or  equip  the  new  building 
or  o  purchase  the  ground  on  which  to  locate  the  same  and  shall  declare  to 
wh  it  extent  the  school  city's  available  means  will  fall  short  of  meeting  such 
ne<  ds  then,  and  in  that  event,  it  shall  be  lawful  for  said  school  city  to  borrow 
mo  ley  and  issue  the  bonds  of  said  school  city,  to  the  amount  of  such  deficit, 
bui  not  in  a  prin'-ij-al  sum  greater  tl«an  one  hundred  and  fifty  thousand 
do!  ars  in  the  case  of  any  one  su"h  additional  high  school  building.  S«;ch 
bonds  shall  be  known  as  "additional  high  school  bonds."  They  ss»all  bear 
int  3rest  at  a  rate  of  not  more  than  foi-r  and  one-half  (4  1-2)  per  cent  per  an- 
nu  n,  interest  payable  seiniann'iallj  ;  shall  be  sold  for  not  less  than  par  and 
shi  11  mature  at  not  more  than  forty-five  (45)  years  from  their  date  and  may 
be  made  to  mat  ire  all  at  one  time  or  at  different  times.  No  bond  so  to  be 
issued  shall  be  delivered  to  the  purchaser  until  the  price  therefor  shall  be 
ca  d  to  the  treasurer  of  said  school  city,  and  no  interest  shall  accrue  tV  ereon 
be 'ore  such  delivery.  Such  bonds  shall  be  payable  to  bearer  and  shall  be 
of  the  general  form  usual  in  municipal  coupon  bonds.  Preparatory  to  offering 
su  ?h  bonds  for  sale  such  school  city  shall  give  notice  for  not  less  than  three 
(3  •  weeks  of  the  date  fixed  for  the  sale  of  such  bonds  with  a  brief  description 
thareof  and  of  proposals  therefor.  Such  notice  shall  be  given  by  advertise- 
m  3nt  by  one  insertion  in  at  least  one  newspaper  published  in  the  city  wherein 
said  school  corporation  is  sit-iate,  and  by  one  insertion  in  at  least  one  news- 
p£  per  published  in  the  city  of  New  York,  and  by  su  -h  other  advertisements 
as  the  school  city  may  choose.  The  bonds  shall  be  sold  to  the  highest  and 
be  st  bidder  and  the  right  shall  be  reserved  to  the  school  city  in  all  tne  said 
notices,  to  reject  any  and  all  bids. 

The  proceeds  arising  from  such  sale  shall  be  used  for  no  purpose  other 
tlian  an  additional  high  school  building,  viz.:  for  the  purchase  of  grounds 
f(  >r  and  the  erection  and  equipring  of  additional  buildings  for  high  schools. 
The  powers  hereby  given  to  issue  bonds  for  the  particular  purposes  herein 
enumerated  shall  be  in  addition  to  all  other  bond  issuing  ^ower  given  by  sta- 
t  ite  to  such  school  cities. 

396.     Pending  Litigation.     4,     Nothing  in  this  act  contained  shall  be 
onstrued  to  affect  any  litigation  pending  at  the  time  of  its  passage  or  in  it- 


204  SCHOOL    LAWS    OF    INDIANA 

self  to  authorize  any  such  school  city  to  act  as  trustee  under  any  appoint- 
ment heretofore  made  or  made  hereafter  in  any  litigation  now  pending. 

[Acts  1913,  p.  109.] 

397.  Schools— Agricultural     and     Domestic     Science — Petition — 

Levy.  I.  That  whenever  twenty-five  (25)  per  cent,  of  the  legal  voters  of 
any  township,  in  the  State  of  Indiana,  wherein  is  situated  a  township  high 
school,  shall  petition  the  township  trustee,  of  such  township,  for  the  erection, 
construction  and  equipping  of  a  room  or  building  upon  the  grounds  or  real 
estate  upon  which  such  high  school  is  situate,  in  which  to  teach  and  instruct 
the  students  of  such  township  in  the  arts  of  agriculture,  domestic  science,  or 
physical  or  practical  mental  culture,  and  in  which  to  hold  school  or  township 
entertainments,  or  to  be  used  for  township  purposes,  the  township  trustee, 
with  the  concurrence  of  the  advisory  board  of  such  township,  shall  be  author- 
ized and  empowered  to  provide  such  room  or  building,  as  may  best  suit 
such  needs  in  such  township,  by  erecting,  buiding  and  equipping  such  room 
or  building,  as  aforesaid,  to  meet  the  requirements  and  necessities  therefor. 
(§6623h.) 

398.  Buildings — Bonds     Issued.     2.     For    the    purpose    of    raising 
funds  for  the  building  and  construction  of  such  room  or  building,  as  is  pro- 
vided in  section  1  of  this  act,  the  township  trustee  of  such  township  is  hereby 
authorized  and  empowered,  with  the  concurrence  and  sanction  of  the  ad- 
visory board  of  such  township,  to  issue  and  sell  the  bonds  of  such  township 
in  an  amount  sufficient  to  pay  for  the  construction  and  equipping  of  such 
room  or  building,  and  to  levy  a  tax  on  the  taxable  property  of  such  township 
in  an  amount  sufficient  to  discharge  and  satisfy  such  bonds  so  issued  and  sold ; 
Provided,  such  bonds  shall  be  in  equal  series,  and  shall  fall  due,  one  each  year, 
for  a  period  of  ten  (10)  years:     Provided,  further,  That  an  amount  not  ex- 
ceeding one  (1)  per  cent  of  the  total  amount  of  taxable  property  of  any  town- 
ship may  be  used  and  expended  for  the  purpose  of  carrying  out  the  provisions 
of  this  act.     (§6623i.) 

399.  Township  Trustee — Maintenance.     3.     The  township  trustee, 
of  any  township,  in  the  State  of  Indiana,  shall,  by  the  provisions  of  the  act 
being  first  comph'ed  with,  shall  cause  such  room  or  building  to  be  constructed 
and  equipped  for  the  teaching  and  instruction  of  agriculture  science,  domestic 
science,  physical  culture,  practical  mental  culture,  or  in  which  to  hold  any 
school  or  township  entertainments,  or  for  other  township  purposes,  may, 
and  he  is  hereby  authorized  and  empowered  to  maintain  such  room  or  building, 
for  the  parpose  aforesaid,  and  to  make  a  levy  of  taxes,  on  the  taxable  property 
of  such  township,  sufficient  to  raise  the  necessary  funds  with  which  to  main- 
tain such  room  or  building,  and  to  conduct  therein  the  courses  of  instruction 
mentioned  herein.     (§6623j.) 

[Acts  1917,  p.  310.] 

400.  Annual  Tax  Levy.     16.     To  provide  a  state  fund  to  carry  out 
the  provisions  of  this  act,  there  shall  be  levied  annually  as  a  part  of  the  state 
common  school  levy  an  additional  levy  of  one-half  of  one  cent  on  each  one 
hundred  dollars  of  taxable  property  in  the  state,  which  shall  constitute  a 
fund  for  the  purposes  of  this  act.     Any  part  of  the  fund  remaining  at  the  close 


SCHOOL    LAWS    OF    INDIANA 


205 


of  -ny  fiscal  year  shall  be  placed  by  the  treasurer  of  state  in  a  permanent 
fui  i  for  vocational  education,  the  proceeds  of  which  shall  be  used  to  aid  in 
ca:  *ying  out  the  provisions  of  this  a"-t. 

[Acts  1917,  p.  344.     Approved  March  7,  1917. j 

401.  Acceptance  of  Act  of  Congress — Vocational  Education.      1. 

TJ  at  the  pro  visions  of  an  act  of  Congress  entitled  "An  act  to  provide  for  the 
pi  ^notion  of  vocational  education;  to  provide  for  co-operation  with  the 
st  tes  in  the  promotion  of  such  education  in  agriculture  and  tl.e  trades  and 
in  lustries;  to  provide  for  co-operation  with  the  states  in  the  preparation  of 
tc  uchers  of  vocational  subjects;  and  to  appropriate  money  and  regulate  its 
e:  penditi're,"  are  hereby  accepted  by  the  State  of  Indiana  as  to: 

a.     Appropriations  for  the  salaries  of  teachers,  supervisors  or  directors 

0  agricultural  subjects. 

6.     Appropriations  for  salaries  for  teachers  of  trade  and  industrial  subjects, 
c.     Appropriations  for  the  training  of  teachers  of  vocational  subjects. 

402.  State   Treasurer   Custodian   of  Funds.     2.     The   state   treas- 

1  *er  is  hereby  designated  as  the  custodian  for  vocational  education  and  shall 
r  sceive  money  paid  to  the  state  from  the  United  States  treasury  under  the 
j  revisions  of  said  act  of  congress  and  shall  pay  the  same  upon  the  warrant 
c  r  the  auditor  of  state  when  the  same  is  certified  by  the  state  board  of  edu- 
c  ition. 

403.  Duties  of  Board  of  Education.     3.     The  state  board  of  ednca- 
lion  is  hereby  designated  as  the  state  board  to  carry  out  the  provisions  of 
i  aid  act  so  far  as  the  same  relate  to  the  co-operation  of  the  state  and  federal 
government  and  shall  have  full  power  to  take  all  necessary  steps  in  tlie  for- 
:  nulation  of  plans  for  the  promotion  of  education  in  agriculture,  in  trades  and 
:  ndustries,  and  to  formulate  and  execute  plans  for  the  preparation  of  teachers 

>f  vocational  subjects. 


206 


SCHOOL    LAWS    OF    INDIANA 


CHAPTER  XXI. 
APPORTIONMENT  OF  REVENUE. 


SEC.  ' 

404.  To  be  made  semi-annually. 

405.  Reports  of  county  auditors. 

406.  When  and   what    county    auditor 

reports. 

407.  When    congressional   township   di- 

vided. 

408.  Auditor  failing  to  report — Penalty. 

409.  Printed  statement. 

410.  Payment  to  counties . 

411.  Pay  m  ent  of  excess . 

412.  Unapportioned  balances. 

413.  County  auditor's  apportionment. 


SEC. 

414.  Apportionment  among  counties. 

415.  Distribution  of  5.2  per  cent  of  fund. 

416.  Town    or    township     deficiency — 

Certificate. 

417.  Superintendent       and      auditor — 

Duties. 

418.  Uses  of  fund. 

419.  Liability  for  fund. 

420.  Surplus. 

421.  Interest  on  sinking  fund. 

422.  Surplus  dog  tax  fund. 

423.  Duty  of  school  trustee. 

424.  Annual  statement. 

[Acts  1897,  p.  291.    Approved  March  8,  1897.] 

404.  To  be  made  Semi-annually.     109.     There  shall  be  two  appor- 
tionments of  the  school  revenue  for  tuition  made  in  each  year  by  the  state 
superintendent  of  public  instruction — one  on  the  fourth  Monday  in  June, 
and  the  other  on  the  first  day  of  January,  unless  the  said  day  of  the  month 
should  be  Sunday,  and,  if  so,  on  the  day  following.    (§6465.) 

405.  Reports  of  County  Auditors.      110.     To  enable  the  superin- 
tendent to  make  said  apportionments,  and  to  ascertain  the  amount  of  said 
revenue  collected  and  ready  for  that  purpose,  the  auditors  of  the  several 
counties  of  the  state  shall,  promptly,  after  making  the  settlements  with  the 
county  treasurers  of  the  respective  counties  in  May  for  the  amount  collected 
on  tax  list,  and  in  December  for  the  amount  of  delinquent  tax  collected,  make 
report  to  said  superintendent  of  the  precise  amount  of  school  revenue  for 
tuition  collected  in  their  respective  counties  and  ready  for  apportionment 
and  distribution;  which  report  shall  be  verified  by  the  oath  or  affirmation  of 
the  auditor  indorsed  thereon.     (§6466.) 

406.  When  and  What  County  Auditor  reports.     11.     The  first  of 
said  reports  in  each  year  shall  not  be  delayed  later  than  the  third  Monday  in 
June,  and  the  second  not  later  than  the  twenty-fifth  day  of  December.    Said 
report  shall  show: 

First.  The  amount  of  school  tax  collected  since  the  last  report,  whether 
upon  the  current  year's  tax  list  or  delinquent  tax. 

Second.  The  amount  of  interest  collected  since  the  last  semi-annual 
report,  and  the  amount,  if  any,  not  previously  reported,  upon  loans  of  com- 
mon school  funds,  and  on  any  indebtedness  which  is  due  or  payable  to  said 
funds,  arising  from  the  sale  of  seminary  property  or  otherwise. 

Third.  The  amount  derived  from  liquor  licenses  and  unclaimed  fees  not 
previously  reported. 


SCHOOL    LAWS    OF    INDIANA  207 


J  jiirth.  The  total  amount  of  school  revenue  thus  collected  and  ready 
fora  >portionment. 

]  ifth.  The  income  derived  from  the  congressional  township  school  fund, 
incli  ding  the  interest  on  loans  of  said  fund,  and  on  deferred  payments  for 
scho  )1  lands  which  have  been  sold,  and  the  rents  and  profits  derived  from  the 
leas;  ig  or  renting  of  any  such  lands,  or  otherwise. 

>v  ixth.  The  amount  of  said  income  from  the  congressional  township  fund 
on  1  and  for  distribution  in  parts  of  the  townships  in  the  adjacent  counties, 
spe<  -fying  the  amount  on  hand  for  each  of  the  several  counties.  (§6467.) 

[Acts  1865,  p.  3.     Approved  March  6>1865.] 

-07.  When  Congressional  Township  Divided.  112.  When  the  con- 
gre  sional  township  lies  partly  in  one  county  and  partly  in  another,  the 
au(  tor  of  the  county  in  which  the  fund  of  such  township  is  managed  shall 
not  fy  the  auditor  of  the  county  in  which  any  portion  is  situated  of  the 
am  »unt  due  to  such  portion.  (§6468.) 

108.  Auditor  Failing  to  Report — Penalty.  113.  On  the  failure  of 
an;  county  auditor  to  make  his  said  semi-annual  report  in  time  for  said  appor- 
tio  iments,  his  county  shall  be  subject  to  a  diminution  of  one  hundred  dollars 
in  the  next  apportionment  of  said  revenue  by  the  superintendent.  The 
sui  i  thus  withheld  may  be  collected  from  said  auditor,  in  a  suit  before  a 
jut  tice  of  the  peace,  prosecuted  in  the  name  of  the  state,  by  any  person  living 
in  said  county  who  has  children  enumerated  for  school  purposes  for  the  cur- 
rei  t  year,  who  is  aggrieved  by  said  diminution.  Said  suit  shall  be  com- 
m(  need  within  two  years  from  the  time  when  said  report  was  due,  and  not 
afterward:  Provided,  That  said  auditor  may  discharge  himself  from  liability 
to  such  suit  by  a  certificate  of  the  postmaster  that  said  report  was  mailed 
in  due  time,  together  with  his  own  affidavit  of  that  fact.  (§6469.) 

[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

409.  Printed  Statement.  115.  Said  superintendent  shall  make  out 
a  i  <J  have  printed  a  statement  showing: 

First.    The  enumeration  of  children  in  each  county. 

•    Second.    The  amount  of  school  revenue  ready  for  apportionment  in  each 
unty,  and  the  source  from  which  the  same  is  derived,  including  said  addi- 
tion from  the  state  indebtedness. 

Third.     The  distributive  share  thereof  apportioned  to  each  county. 
He  shall  file  a  copy  of  said  statement  with  the  auditor  of  state  and  treas- 
u  -er  of  state,  and  he  shall  forward  a  copy  thereof,  by  mail,  to  each  of  the  county 

•  aditors,  county  superintendents  and  county  treasurers  of  the  state.  (§6471.) 
410.  Payment  to  Counties.  116.  The  auditor  of  state  shall,  at  the 
t  .me  of  making  the  semi-annual  settlements  with  the  several  county  treasurers, 
give  them  each  a  warrant  on  the  state  treasury  for  the  distributive  share  of 
said  revenue  apportioned  to  their  respective  counties,  the  amount  of  which 
shall  be  retained  by  said  treasurers  out  of  the  money  or  revenue  in  their 
hands;  and  the  balance  ascertained  to  be  due  to  the  state,  of  ordinary  state 
revenue  or  other  revenue,  together  with  said  warrant,  shall  be  paid  into  the 


II 


208  SCHOOL    LAWS    OF    INDIANA 

state  treasury.  The  settlement  between  the  respective  county  treasurers 
and  the  auditor  of  state,  and  the  drawing  of  the  warrants  for  the  amounts 
apportioned  to  their  respective  counties;  the  ascertainment  of  the  balance 
payable  into  the  state  treasury,  and  the  payment  of  said  balance,  and  re- 
tention by  the  county  treasurers  of  their  distributive  shares  of  school  revenue, 
according  to  said  apportionment — shall  be  concurrent  acts,  and  shall  be 
done  and  performed  in  such  a  manner  as  to  effect  a  complete  semi-annual 
disbursement,  from  the  state  treasury  to  the  several  counties  of  the  state, 
of  all  the  school  revenues  then  apportioned  to  them,  and  as  soon  as  practicabl 
after  the  apportionment  is  made.  (§6472.) 

[Acts  1^85,  p.  208.    Approved  April  13,  1885.] 

411.  Payment  of  Excess.    1.    The  auditor  of  state^shall,  at  the  time  of 
making  the  semi-annual  settlements  with  the  several  county  treasurers,  give 
them  each  a  warrant  on  the  state  treasury  for  the  state  school  revenues 
collected  in  their  respective  counties,  the  amount  of  which  shall  be  retained 
by  said  treasurers,  and  when  the  superintendent  of  public  instruction  shall 
have  made  his  semi-annual  apportionments  of  school  revenue  for  tuition  to 
the  several  counties  of  the  state,  the  auditor  of  state  shall  draw  his  warrant 
upon  the  state  treasury  to  the  respective  county  treasurers  to  which  there 
may  be  due  a  greater  amount  than  the  state  school  revenue  which  has  been 
collected  in  said  counties,  and  for  which  a  warrant  as  hereinbefore  provided 
has  been  issued  to  them,  and  said  county  treasurers  to  whom  warrants  have 
been  issued  at  the  semi-annual  settlements  for  more  than  their  distributive 
share  of  said  school  revenue  shall,  upon  notice  being  given  them  thereof  by 
the  auditor  of  state,  forthwith  pay  such  excess  into  the  state  treasury.    ( §6473.) 

[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

412.  Unapportioned  Balances.     117.     If  at  any  time,  from  any  cause 
whatever,  an  unapportioned  balance  of  school  revenue  shall  appear  in  the 
state  treasury,  other  than  that  which  is  nominally  therein  at  the  passage  of 
this  act,  the  superintendent  of  public  instruction  shall  add  said  balance  to 
the  sum  to  be  apportioned,  and  apportion  it  at  the  next  succeeding  appor- 
tionment after  such  balance  so  appears.    (§6474.) 

[Acts  1897,  p.  2  )1.    Approved  March  8,  1897.] 

413.  County  Auditor's  Apportionment.     118.     The  auditor  of  each 
county  shall,  semi-annually,  on  the  second  Monday  of  July  and  on  the  last 
Monday  in  January  make  apportionment  of  the  school  revenue,  to  which 
his  county  is  entitled,  to  the  several  townships  and  incorporated  towns  and 
cities  of  the  county;  which  apportionment  shall  be  paid  to  the  school  treasurer 
of  each  township  and  incorporated  town  and  city  by  the  county  treasurer. 
In  making  the  said  apportionment  and  distribution  thereof,  the  auditor  shall 
ascertain  the  amount  of  the  congressional  township  school  revenue  belong- 
ing to  each  city,  town  or  township,  and  shall  apportion  the  other  school  rev- 
enue, so  as  to  equalize  the  amount  of  available  school  revenue  for  tuition  to 
each  city,  town  and  township,  as  near  as  may  be,  according  to  the  enumera- 
tion of  children  therein,  and  report  the  amount  apportioned  to  the  superin- 
tendent of  public  instruction,  verified  by  affidavit:     Provided,  however,  That 
in  no  case  shall  the  income  of  the  congressional  township  school  fund  belong- 


SCHOOL    LAWS    OF    INDIANA  209 


in^  to  any  congressional  township,  or  part  of  such  township,  be  diminished 
by  such  apportionment,  or  diverted  or  distributed  to  any  other  township: 
Be  ,t  also  }>r<>vi<l«l.  That  in  making  the  said  apportionment  and  distribution 
of  he  state  tuition  revenues  apportioned  to  the  county  by  the  superintendent 
of  >ublic  instruction,  in  case  any  school  corporation  shall  not  have  expended 
t'oi  tuition  purposes  in  any  school  year  an  amount  as  great  as  the  amount  of 
st«  :e  tuition  revenue  apportioned  and  distributed  to  said  corporation  by  the 
an  litor  for  said  school  year,  then  it  shall  be  the  duty  of  the  auditor,  at  the 
fir  t  apportionment,  after  the  annual  report  of  the  receipts  and  expenditures 
of  aid  school  corporation  shall  have  been  filed  with  the  county  commissioners, 
to  ieduct  from  the  whole  amount  of  state  tuition  revenue  apportioned  to  said 
BC  "i»l  corporation  an  amount  equal  to  the  difference  between  the  amount  of 
>t  te  tuition  revenue  apportioned  and  distributed  to  said  school  corporation 
fo  use  in  such  school  year,  and  the  whole  amount  shown  by  such  annual 
r»  x»rt  to  have  been  actually  expended  for  tuition  purposes,  and  there  shall 
IH  paid  to  the  treasurer  of  said  school  corporation  the  sum  remaining  after 
si  -h  amount  shall  have  been  deducted,  and  the  county  auditor  shall  include 
al  such  deduction  in  his  report  to  the  state  superintendent  of  public 
ii  >t  met  ion  as  tuition  revenue  collected  in  his  county  and  ready  for  distribu- 
ti  m  at  the  next  apportionment:  Provided,  That  funds  arising  from  the  local 
ti  ition  tax  shall  not  be  considered  in  making  the  deductions  provided  for  in 
1 1  is  s<»ction,  nor  included  in  the  said  report  to  the  state  superintendent  of 
p  iblic  instruction.  Any  neglect  or  failure  of  any  auditor  to  comply  with 
tie  provisions  of  this  section  of  this  act  shall  be  and  constitute  a  misdemeanor, 
a  id  upon  conviction  of  any  such  auditor  of  the  violation  thereof,  he  shall 
1)  •  fined  in  any  sum  not  less  than  the  amount  of  such  unexpended  balance 
n  >r  more  than  double  the  amount  thereof.  (§6475.) 

414.  Apportionment  Among  Counties.  2.  The  state  superintendent 
o '  public  instruction  shall,  on  the  days  fixed  by  law  for  his  apportionment 
o  f  the  school  revenue,  in  each  year,  add  to  the  sum  total  of  said  revenue,  in 
r  -adiness  in  each  county  for  apportionment,  any  amount  in  the  state  treasury 
r  -ady  for  apportionment,  together  with  94.8  per  cent  of  the  sum  collected 
t  v  virtue  of  the  levy  provided  for  in  section  one  of  this  act;  and,  after  said 
;  dd  it  ion,  the  superintendent  shall  apportion  the  whole  of  said  sum  to  the 
several  counties  of  the  state,  according  to  the  last  enumeration  of  children 
therein,  with  due  reference  to  the  diminution  provided  for  by  law.  (§6433.) 


, 


11.").     Distribution  of  5.2  per  cent  of  Fund.     3.     A  sum  equal  to  5.2 
>«  •!•  cent  of  the  amount  collected  under  the  levy  provided  for  in  section  one 

it'  this  act,  shall  be  a  fund  to  be  distributed  as  hereinafter  provided.     (§6434.) 


IK).  Town  or  Township  Deficiency — Certificate.  4.  Whenever  any 
trustee  of  a  township  or  board  of  trustees  of  any  school  town  shall  ascertain 
that  there  is  not  a  sufficient  amount  of  tuition  revenue  in  his  or  their  hands  to 
enable  him  or  them  to  maintain  the  public  schools  therein  for  the  minimum 
term  now  or  hereafter  provided  by  law  in  such  current  school  year,  he  or  they, 
as  the  case  may  In?,  shall  certify  in  writing  under  oath  such  fact  to  the  county 
superintendent  of  his  or  their  county,  stating  therein  the  rate  of  the  levy 
for  local  tuition  purposes  on  each  one  hundred  dollars,  and  the  taxes  on  each 
taxable  poll  made  for  the  supplementary  tuition  tax  by  such  township  or 

8554—14 


210  SCHOOL   LAWS    OF   INDIANA 

school  town  in  the  year  immediately  previous  to  the  school  year  in  which 
such  deficiency  occurs,  or  will  occur;  also,  stating  the  full  amount  received 
for  tuition  from  each  source,  the  names  and  number  of  teachers  employed, 
the  rate  per  diem  paid  them,  the  number  of  days  each  has  taught  and  when 
he  began  teaching,  and  an  estimate  of  the  amount  that  will  be  necessary 
over  and  above  the  tuition  revenue  then  on  hand  to  complete  such  legal 
minimum  term  of  all  the  public  schools  in  such  school  corporation.  Said 
certificate  shall  be  executed  in  duplicate.  Said  county  superintendent  shall 
immediately  examine  such  certificate,  and  if  he  shall  find  the  facts  stated 
therein  to  be  true,  anci  shall  further  find  that  such  school  corporation  has 
levied  the  highest  amount  authorized  by  law  for  such  school  municipality 
as  supplementary  tuition  tax  for  the  year  in  which  such  deficiency  will  occur, 
he  shall  forward  one  of  such  certificates  to  the  state  superintendent  of  public 
instruction,  together  with  the  result  of  his  examination,  and  with  the  name 
and  postoffice  address  of  such  township  trustee  or  the  treasurer  of  such  school 
corporation.  (§6435.) 

417.  Superintendent  and  Auditor — Duties.     5.     Upon  receipt  of 
such  statement  from  the  county  superintendent,  the  said  superintendent  of 
public  instruction  shall  issue  an  order  on  the  auditor  of  state  in  favor  of  such 
school  corporation,  if  there  be  funds  in  the  state  treasury  available  for  that 
purpose,  for  the  amount  necessary  to  bring  the  school  term  of  said  township 
or  school  corporation  up  to  the  minimum  legal  term,  specifying  the  name  of 
the  trustee  of  such  township,  or  the  treasurer  of  said  town,  and  his  postoffice 
address.    And  the  auditor  of  state  shall  at  once  draw  a  warrant  on  the  treas- 
urer of  state,  payable  out  of  the  fund  provided  for  in  section  3  of  this  act  in 
favor  of  said  township  or  town,  payable  to  the  trustee  of  such  township  or 
treasurer  of  such  town,  and  mail  the  same  to  him:  Provided,  No  such  township 
trustee  or  treasurer  of  such  school  town  shall  be  entitled  to  draw  or  receive 
the  funds  provided  in  this  act  unless  said  township  trustee  or  school  board 
of  trustees  has  levied  a  local  tuition  tax  of  at  least  twenty-five  cents  on  $100.00 
of  taxable  property  in  such  township  or  school  town:    And  providing,  That 
where  any  such  school  trustee  or  corporation  is  maintaining  a  seven  months' 
term  of  school  and  finds  the  amount  of  tuition  revenue  insufficient  for  such 
purpose,  such  trustee  or  the  treasurer  of  such  school  corporation  shall  be 
entitled  to  draw  or  receive  the  funds  provided  in  this  act  in  the  event  only 
such  trustee  or  school  board  has  levied  a  local  tuition  tax  of  not  less  than 
forty  cents  on  $100.00  of  taxable  property  in  such  township  or  school  town. 
(As  amended  1907,  p.  449,  §6436.) 

418.  Uses  of  Fund.    6.    Said  township  trustee  or  school  board  of  trustees 
shall  use  the  amount  so  received  from  the  state  for  the  payment  of  the  salaries 
of  teachers  employed  in  his  township  or  their  town  to  enable  him  or  them  to 
maintain  schools  therein  for  the  full  term  as  required  by  law  during  the  year 
for  which  it  was  received,  and  shall  use  it  for  no  other  purpose.     (§6437.) 

419.  Liability  for  Fund.     7.     The  township  trustee,  or  treasurer  of 
any  town  school  board  and  the  sureties  on  their  bonds  receiving  such  funds 
from  the  state,  shall  be  liable  for  the  same  as  for  any  other  township  or  school 
funds  they  may  receive  in  an  official  capacity.     (§6438.) 


SCHOOL    LAWS    OF    INDIANA  211 


4  JO.  Surplus.  8.  Whatever  unused  surplus  shall  remain  of  the  fund 
ded  in  section  3  of  the  act  hereby  amended  at  the  close  of  any  fiscal 
year  shall  be  and  remain  a  part  of  the  common  school  tuition  fund  of  the 
stat  .  (As  amended  1907,  p.  449.  §6439.) 

[Acts  1865,  p.  139.    Approved  March  21,  1865.] 

21.  Interest  on  Sinking  Fund.  1.  All  interest  accrued  or  accruing 
on  i  le  sinking  fund,  or  any  other  fund,  held  by  this  state  for  the  benefit  of 
the  jommon  schools  of  this  state,  on  and  after  the  first  day  of  January,  one 
tho  sand  eight  hundred  and  sixty-five  is  hereby  set  apart  for  distribution, 
as  <  :her  revenues  are  distributed,  for  the  support  of  the  common  schools  of 
thfc  state.  (§6476.) 

[Acts  1897,  p.  178.    Approved  March  6,  1897.1 

122.  Surplus  Dog  Tax  Fund.  13.  The  trustee  shall  register  all  losses 
in  1  ae  order  in  which  they  are  reported:  Provided,  That  no  person  shall  re- 
cei  e  pay  for  sheep,  horses,  cattle,  swine  or  other  live  stock  or  fowls  killed  or 
ma  med  by  any  dog  or  dogs  owned  or  harbored  by  himself:  Prorided,  further, 
Th  ot  the  dog  fund  heretofore  collected  shall  be  added  to  and  applied  with 
the  fund  arising  under  the  provisions  of  this  act.  And  when  it  shall  so  occur 
on  the  first  Monday  of  March  of  any  year  in  any  township  in  the  State  of 
In<  iana  that  said  fund  shall  accumulate  to  an  amount  exceeding  one  hun- 
dr(  d  dollars  over  and  above  orders  drawn  on  the  same,  the  surplus  aforesaid 
sh;  11  be  paid  and  transferred  to  the  county  treasurer  of  the  county  in  which 
su<  h  township  is  located  and  the  fund  arising  from  such  surplus  from  the 
tovnship  of  the  county  shall  constitute  a  county  dog  fund  and  shall  be  dis- 
tri  )uted  among  the  townships  of  the  county  in  which  the  orders  drawn  against 
th< ;  dog  fund  exceed  the  money  on  hand.  This  distribution  shall  be  made  on 
tho  second  Monday  in  March  of  each  year,  and  if  said  county  dog  fund  be 
im  ufficient  to  pay  for  all  the  live  stock  or  fowls  maimed  or  killed  by  dogs  of 
all  the  townships,  the  distribution  shall  be  made  in  the  ratio  of  the  -orders 
dr  i\vn  against  the  dog  fund  of  the  townships  and  unpaid  and  unprovided  for, 
which  ratio  shall  be  obtained  from  the  report  of  the  trustees  of  the  townships 
m  ide  to  the  auditor  of  the  county  which  is  hereby  directed  shall  be  made  by 
each  township  trustee  of  the  county  upon  the  first  Monday  of  March  of  each 
y<  ar,  which  report  shall  show  all  receipts  into  the  dog  fund  of  his  township, 
ai  d  all  orders  drawn  against  the  same  in  the  order  in  which  they  were  drawn. 
Aid  when  it  shall  occur  again  upon  the  second  Monday  in  March  of  any  year 
tl  at  there  is  a  surplus  left  of  the  county  dog  fund  after  provisions  have  been 
ir  ade  for  the  payment  for  all  the  live  stock  or  fowls  killed  or  maimed,  of  all 
the  townships  of  the  county,  such  surplus  shall  be  distributed  for  the  schools 
o '  the  county  in  the  same  manner  the  common  school  revenue  of  such  county 
it  distributed.  (§3270.) 

1.  TOWNS  AND  CITIES.  A  town  or  city  within  a  township  i$  entitled  to  its  propor- 
tionate share  of  the  surplus  dog  fund. — Taggart  v.  State,  142  Ind.  668  (overruling 
School  City  of  South  Bend  v.  Jaquith,  90  Ind.  495);  Maloy  v.  Madget,  47  Ind.  241. 
See  Flower  v.  State,  133  Ind.  453. 


[Acts  1873.  p.  68.     In  force  March  8,  1873.] 


locor 


123.    Duty  of  School  Trustee.    7.    The  school  trustees  of  every  township 
corporated  town  or  city  shall  receive  the  special  school  revenue  belonging 


212 


SCHOOL    LAWS    OF    INDIANA 


thereto,  and  the  revenue  for  tuition  which  may  be  apportioned  to  his  township, 
town  or  city  by  the  state  for  tuition  or  the  common  schools,  and  shall  pay  out 
the  same  for  the  purpose  for  which  such  revenue[s]  were  collected  and  ap- 
propriated. Such  trustees  shall  keep  accurate  accounts  of  the  receipts  and 
expenditures  of  such  revenues,  and  shall  render  to  the  county  commissionei 
annually,  on  the  first  Monday  of  August,  for  the  school  year  ending  on  th< 
31*st  day  of  July,  and  as  much  oftener  as  they  may  require,  a  report  thei 
in  writing.  Said  board  of  commissioners  shall  hold  a  session  on  said  Monday 
to  receive  said  reports.  They  shall  clearly  and  separately  state: 

First.     The  amount  of  special  school  revenue,  and  of  school  revenue  fc 
tuition,  on  hand  at  the  commencement  of  the  year  then  ending. 

Second.    The  amount  of  each  kind  of  revenue  received  within  the  year, 
giving  the  amount  of  tuition  revenue  received  at  each  semi-annual  apportioi 
ment  thereof. 

Third.     The  amount  of  each  kind  of  revenue  paid  out  and    expend( 
within  the  year. 

Fourth.  The  amount  of  each  kind  of  revenue  on  hand  at  the  date  of  sai< 
report,  to  be  carried  to  the  new  account,  and  shall,  with  said  report,  present 
and  file  a  detailed  account  current  of  the  receipts  and  payments  for  the  year, 
and  support  the  same  by  proper  vouchers,  which  report  and  account  current 
shall  each  be  duly  verified  by  affidavit,  and  when  the  said  county  commis- 
sioners are  satisfied  that  said  report  is  full,  accurate  and  right  in  all  respects, 
and  that  said  account  is  just  and  true,  they  shall  allow  and  pass  the  same, 
which  shall  have  the  effect  to  credit  the  trustee  for  the  expenditures.  A  copy 
of  said  report,  as  passed  and  allowed  by  the  county  commissioners,  shall, 
within  ten  days  after  its  date,  be  filed  by  the  trustee  with  the  county  super- 
intendent of  the  county,  and  uoon  failure  of  the  trustee  to  discharge  any  of 
the  duties  required  of  him  relative  to  schools  and  school  revenues,  the  board 
county  commissioners  shall  cause  suit  to  be  instituted  against  him  on  his 
official  bond,  and  in  case  of  recovery  against  him,  the  court  rendering  the 
judgment  shall  assess  upon  the  amount  thereof  ten  per  cent  damages, 
be  included  in  said  judgment.  (As  amended  Acts  1883,  p.  118.  §6407.) 

424.     Annual  Statement.     9.       The  township  trustees  and  the  scho( 
trustees  of  incorporated  towns  and  cities  shall,  immediately  after  their  annm 
settlements  with  the  county  commissioners  in  October,  make  a  full  statement 
of  all  their  receipts  and  expenditures,  for  the  year  preceding,  relative  to  theii 
schools.    (§6409.) 


CHAPTER  XXII. 
THE  FUND. 


S  c. 
4'.  5. 
4  3. 

4    7. 

!    s. 

4  9. 

I  :<). 
4  il. 
4  12. 

-  J3. 

•  14. 
35. 

:*(i. 
:<7. 
38. 


to. 

141. 

i  rj. 
143'. 
144. 
1 16. 
146. 
447. 
448. 
It". 

161. 
162. 

.»-.:<. 

..-,.. 

458. 
MO. 

Ml. 
462. 
MS. 
M4. 

60. 


168.     Defective      assignments — Proceed- 
ings. 
Loan  of  purchase  money. 


What  const  it  ir 

Transfer  and  distribution  of  funds. 
Kst  rays  and  property  adrift. 
Count  y  coroners  —  Funds  not  calico 

for  —  Disposition. 
Ferry  -  —  Circus  —  Traveling    mer- 

chant —  License. 

License  fund  paid  to  school  fund. 
Permit.  \. 
Hydrophobia  fund  —  County  audit- 

or. 

Counties  liable. 
Account  of  fund. 

Custody  of  lands  —  Report  of  income. 
Leasing  lands. 
I)i\ided  >cliool  section. 
Boundaries  of  townships. 
School     township,      when     county 

lines  divide. 

Au:  '•  mem  as  to  children. 

Auditor's  duty. 
Acr.  HID'  and  distribution. 
Duties  of  the  other  auditor. 
Account  —  Re-adjustment. 
Pmvi-ror  t:    . 
Sale  oj  <clioo!  lands. 

Proceedings  toaell. 

Hall-. 

i;.'-u!ts  of  election. 

Certificate  of  vote. 

Tru*t»«''s  duty. 

Order  and  conduct  of  sale  —  Fee. 

Terms  of  sale—  Timber. 

Forfeiture-   Ke—ale. 

Forfeit  ure.  how  prevented. 

Forfeiture      Li:t!.ilit\  for  waste. 

Suit  for  w;;  - 

Private  sale. 

Re-appraisement. 

Sale  of  real  estate,  appraisement  — 

Nolic.  —  Terms. 
.\d\-TtiM-ment  of  funds. 
Ke-appnisement  of  forfeited  lands. 
Appropriation  by  commissioners. 
Certificate  of  purchase. 
Uinhts  of  pun-h  i 
Failure    to    make    first    payment  — 

Penalty. 


- 

170.  ! 

•471.  Lost  certif- 

472.  Purchase  money,  where  paid. 

473.  Duty  of  auditor. 

474.  Deed. 

475.  Sale — Legali/ation. 

476.  Title,  when  complete. 

477.  Sale  had  without  vote. 

478.  Compensation  on  failure  of  title. 

479.  Lands  of  surplus   revenue  fund — 

How  sold. 

480.  Interest — Judgment. 

481.  Advertisement  of  funds. 

482.  County  auditor— Penalty. 

483.  Auditor's  duty. 

484.  Appraisement. 

485.  Duty  of  appraisers. 

486.  Loans  outside  of  county. 

487.  Limit  of  loan. 

488.  Oath  of  applicant. 

489.  Time  of  loan. 

490.  Loan    of    school     and     university 

funds. 

491.  Limit  of  loan. 

492.  Percentage  of  value  of  land. 

•\M.  County  Auditors — School  funds — 

Loan  on  mineral  land. 

1<M.  Length  of  time. 

495.  County  may  borrow. 

im..  Note  of  county— County  council. 

497.  Auditor's  warrant. 

498.  Rate  of  interest. 

499.  Payment  of  loan. 

.")OO.  Transfer     from     one     county     to 
another. 

501.  Certificate  as  to  leins. 

502.  Limit  of  amount. 

.")(>:{.  Acknowledgements  and  oaths. 

.->oi.  Record  of  mortgages — Priority . 

:.nr,  Audi  tor's  duty. 

:.(»7  Interest  unpaid — Auditor's  duty. 

508.  Collection  on  default 

509.  Fund  to  he  specified. 

510.  Form  of  mortgage. 

511.  Form  of  note. 

Schools — Renewal  of  school   fund 
mortgages — Duties  of  auditor. 

Warrant  to  borrower. 

.->  1  J .  Payments — Quietus. 

.',  1  .•>.  1  ndorsements  and  satisfaction. 

:>n,.  Preamble. 


214 

SEC. 

517. 


518. 
519. 
520. 
521. 
522. 
523. 
524. 
525. 
526. 
527. 
528. 
529. 
530. 
531. 
532. 
533. 


SCHOOL    LAWS    OF   INDIANA 


Schools — Mortgages  on  lands — 
Clerk  of  court — Satisfaction  of 
Judgments. 

Suit  for  deficiency. 

Notice  of  sales. 

Manner  of  sale — Surplus. 

Auditor's  bid. 

Sale  of  lands  bid  in . 

Deed  by  Auditor.' 

Statement  of  sales. 

Title  in  state  without  deed. 

Conveyance  to  county. 

Suit  to  foreclose. 

Purchase  by  county. 

Lease  of  land  purchased. 

Sale  of  land — Appraisement. 

Deeds. 

Sales  legalized. 

Act  supplemental. 


SBC. 

534.  Satisfaction  of  mortgages. 

535.  Annual  report. 

536.  Duty  of  boards. 

537.  Board's  report. 

538.  Disposition  of  report. 

539.  Apportionment  of  loans. 

540.  Miscellaneous  school  fund  account. 

541.  Distribution  and  report. 

542.  Penalty  against  Auditor. 

543.  School  funds — Expense  in  making 

loans. 

544.  Repeal  of  order. 

545.  Appropriations — County  council. 

546.  Real  estate  sales  legalized. 

547.  Title  to  lands — Auditor's  deed  to 

quiet. 

548.  Wills — Public      bequests — Exempt 

from  taxation. 


[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

425.  What  Constitutes.  The  funds  heretofore  known  and  designated 
as  the  surplus  revenue  fund,  all  funds  heretofore  appropriated  to  the  common 
schools,  the  Saline  fund,  the  bank  tax  fund,  the  fund  which  has  been  derived 
or  may  be  derived  from  the  sale  of  county  seminaries  and  the  property  belong- 
ing thereto,  the  moneys  and  properties  heretofore  held  for  such  seminaries, 
all  fines  assessed  for  breaches  of  the  penal  laws  of  the  state,  all  forfeitures 
which  may  accrue,  all  lands  and  other  estate  which  shall  escheat  to  the  state 
for  want  of  heirs  or  kindred  entitled  to  the  inheritance  thereof,  all  lands  which 
have  been  granted,  or  may  be  granted  hereafter,  to  the  state,  when  no  special 
object  is  expressed  in  the  grant,  the  proceeds  of  the  sales  of  the  swamp  lands 
granted  to  the  State  of  Indiana  by  the  act  of  congress  of  September,  1850, 
the  taxes  which  may  be  assessed  from  time  to  time  upon  the  property  of 
corporations  for  common  school  purposes,  and  the  fund  arising  from  the  one 
hundred  and  fourteenth  section  of  the  charter  of  the  state  bank  of  Indiana, 
shall  be  denominated  the  "common  school  fund."  The  fund  derived  from  the 
sale  of  congressional  township  school  lands,  and  tne  unsold  congressional 
township  lands,  at  the  reasonable  value  thereof,  shall  be  denominated  the 
"congressional  township  school  fund,"  and  shaU never  be  diminished  in  amount, 
the  income  of  whi.-h,  together  with  the  taxes  mentioned  and  specified  in  the 
first  section  of  this  art,  the  money  and  income  derived  from  licenses  for  the 
sale  of  intoxicating  liquors,  and  unclaimed  fees,  as  provided  by  law,  shall 
be  denominated  the  "s3hool  revenue  for  tuition,"  the  whole  of  which  is 
hereby  appropriated,  and  shall  be  applied  exclusively  to  furnishing  tuition 
to  the  common  schools  of  the  state,  without  any  deduction  for  the  expenses 
of  collection  or  disbursement.  (§6182.) 

1.  Two  DISTINCT  FUNDS.  This  section,  in  conformity  with  the  decisions  cited 
under  section  1,  provides  that  there  shall  be  two  distinct  funds,  the  "common  school 
fund"  and  the  "congressional  township  school  fund,"  which  must  be  kept  apart  and 
managed  separately  (§482).  Under  the  former  title  are  consolidated  all  the  funds 
named  in  the  constitution,  except  the  congressional  township  fund,  and  in  addition 
thereto  "all  fundsjieretofore  appropriated  to  common  schools,"  referring  to  all  moneys 
arising  from  the^sale  of  estray ^animals,  and  property  taken  up  adrift,  which  were 


SCHOOL   LAWS    OF   INDIANA  215 


by  a  act  approved  January  15,  1844  (§480),  transferred  to  the  common  school  fund 
of  i  le  county  to  be  ratably  apportioned  among  the  several  school  districts  thereof. 
Nei  her  of  these  funds  shall  ever  be  diminished,  for  the  term  common  school  fund  in 
the  :onstitution  includes  both. — Davee  v.  State,  7  App.  71. 

[Acts  1907,  p.  64.     In  force  April  10,  1907.] 

126.  Transfer  and  Distribution  of  Funds.  1.  That  balance  now  in 
th«  state  treasury  and  designated  in  the  accounts  of  the  office  of  the  auditor 
of  state  as  "common  school  fund  balance,"  "old  sinking  fund,"  "surplus 
re^  enue  fund,"  "excess  bid  sinking  fund,"  "sales  common  school  lands"  and 
"s  les  swamp  land"  are  hereby  declared  to  be  a  part  of  the  common  school 
d  of  the  state,  and  the  auditor  of  state  is  hereby  directed  to  distribute 
h  funds  to  the  several  counties  of  the  state  u^on  the  basis  of  the  last 
imeration  of  school  children  reported  for  the  purpose  of  distribution  of 
tl  '  school  revenue  for  tuition.  When  such  distribution  is  made,  warrants 
fo  the  sum  due  to  each  county  shall  be  drawn  upon  the  state  treasury  and 
pj  yment  thereof  made  to  the  several  county  treasurers  of  the  state.  The 
fi  ids  so  paid  shall  be  and  become  a  part  of  the  common  school  funds  of  the 
st  ite  in  the  «'ontrol  of  the  respective  counties  and  shall  be  loaned  and  man- 
aj  ed  by  the  several  counties  and  kept  and  preserved  inviolate  in  the  same 
n  inner  as  the  other  common  school  funds  of  the  state  are  now  loaned,  man- 
as  ed  and  preserved.  Any  funds  which  shall  hereafter  accrue  to  the  state 
a  id  be  paid  into  the  treasury  thereof  on  account  of  either  of  such  funds,  or 
o  i  account  of  any  other  fund,  which  by  the  constitution  and  laws  of  this 
si  ate,  becomes  a  part  of  the  common  school  fund,  shall  be  by  the  auditor 
o  state  bi-annually  distributed  to  the  several  counties  to  be  by  them  held, 
a  5  provided  in  this  section,  and  the  laws  of  this  state,  and  such  subsequent 
d  istribution  shall  be  made  upon  the  basis  of  the  then  last  preceding  enumera- 
t  on  of  the  school  children  of  the  state. 


MEMORANDA. 


Common  school  fund  balance,  $5,741.52;  old  sinking  fund,  $467.78; 
urplus  revenue  fund,  $500.00;  excess  bid  sinking  fund,  $1,933.25;  sales  com- 
mon school  lands,  $9,323.38;  sales  swamp  lands,  $23,598.55;  unclaimed  es- 
lates,  $58,064.47;  total,  $99,628.95.  (§6183.) 

1 .     For  section  2  of  this  act  providing  for  suits  to  have  escheated  estates  declared  a 
>art  of  the  common  school  fund,  see  §3006. 


H 


[Acts  1844,  p.  86.    Approved  and  in  force  January  15,  1844.] 


427.     Es trays  and  Property  Adrift.     1.     All  moneys  arising  from  the 
sale  of  estray  animals  and  property  taken  up  adrift,  so  soon  as  the  same  shall 
have  vested  absolutely  in  any  county,  shall  be  by  the  proper  officers  transfer- 
to  the  common  school  fund  of  the  county,  and  shall  be  ratably  apportioned 
ongst  the  several  school  districts  [corporations]  thereof. 


11*1  v 

s 


Con  M t>    Coroners — Funds   not  Called  for — Disposition.      12. 

It  shall  be  the  duty  of  the  treasurer  if  the  money  aforesaid  shall  not  be  called 
for  within  OIK-  year  from  the  time  of  receiving  the  same,  to  place  said  sum  of 
loney  to  the  Credit  of  the  common  school  fund  principal,  and  where  there  is 
money  now  heretofore  loaned  by  the  county  treasurer  on  account  of  the 


216  SCHOOL    LAWS    OF   INDIANA 

provisions  of  this  act,  then  said  money,  principal  and  interest  shall  become  a 
part  of  the  common  school  fund  of  the  state  as  soon  as  practicable.    (§9444.) 

When  the  property  found  on  the  body  is  not  claimed,  it  becomes  the  property  of  the 
school  fund  of  the  county. — State  v.  Board,  85  Ind.  489. 

[Acts  1917,  p.  134.] 

429.  Ferry — Circus — Traveling  Merchant — License.  1.  That  for 
a  license  to  keep  a  ferry,  there  shall  be  paid  to  the  proper  county  treasurer 
not  less  than  three  dollars  ($3)  nor  more  than  fifty  dollars  ($50). 

For  traveling  merchants  and  peddlers,  who  are  not  residents  of  this  state, 
to  vend  foreign  merchandise,  five  dollar  ($5) ,  where  the  capital  employed  does 
not  exceed  one  thousand  dollars  ($l,000)i  seven  dollars  and  fifty  cents  ($7.50) 
for  any  amount  over  one  thousand  dollars  ($1,000)  and  not  exceeding  two 
thousand  dollars  ($2,000) ;  ten  dollars  ($10)  for  any  amount  over  two  thousand 
dollars  ($2,000)  and  not  exceeding  five  thousand  dollars  ($5,000) ;  and  twenty 
dollars  ($20)  for  any  amount  exceeding  five  thousand  dollars  ($5,000);  to  be 
paid  in  each  county  where  they  shall  offer  for  sale  any  such  merchandise. 

To  exhibit,  for  pay,  any  caravan,  rope  or  wire  dancing,  legerdemain, 
ventriloquism,  puppet-show,  concert,  or  any  other  similar  exhibition  of  what- 
ever name  or  description,  except  carnivals,  circuses,  wagon  shows,  whether 
by  traveling  or  stationary  troupe  or  troupes,  individually  or  collectively, 
one  dollar  ($1)  for  each  separate  performance. 

To  exhibit  any  carnival,  five  dollars  ($5)  per  day  for  each  separate  attrac- 
tion or  show  constituting  such  carnival.  Which  said  license  fee  shall  be  paid, 
personally  by  the  owner  or  agent  of  the  person,  firm  or  corporation  owning 
or  operating  said  carnival. 

To  exhibit  any  circus  or  tent  show,  five  dollars  ($5)  per  day  if  less  than 
ten  (10)  cars  are  required  to  transport  such  circus;  fifteen  dollars  ($15)  per 
day  if  at  least  ten  (10)  cars  but  less  than  twenty  (20)  cars  are  required; 
twenty  dollars  ($20)  per  day  if  at  least  twenty  (20)  cars  but  less  than  forty 
(40)  cars  are  required;  and  twenty-five  dollars  ($25)  per  day  if  forty  (40) 
cars  or  more  are  required. 

To  exhibit  any  wagon  show,  one  dollar  ($1)  per  day. 

Each  theater  and  moving  picture  show  shall  pay  an  annual  license  fee  of 
five  dollars  ($5). 

At  least  ten  (10)  days  prior  to  the  date  on  which  any  such  circus,  tent 
show  or  carnival  enters  the  state,  the  responsible  agent  of  the  person,  firm 
or  corporation  owning  or  operating  any  such  circus,  tent  show  or  carnival, 
shall  file  with  the  auditor  of  state  a  statement  designating  the  proposed  or 
contemplated  itinerary  of  such  circus,  tent  show  or  carnival  through  the  state 
with  a  schedule  of  the  name  of  all  cities  or  towns  in  which  such  circus,  tent 
show  or  carnival  is  to  be  exhibited.  If  any  change  or  changes  are  made  in  the 
proposed  itinerary  or  the  schedule  .of  cities  or  towns  in  which  such  circus, 
tent  show  or  carnival  is  to  be  exhibited,  a  supplemental  statement  or  supple- 
mental statements  shall  be  filed  with  the  auditor  of  state  accordingly,  indicat- 
ing such  change  or  changes. 

To  carry  on  the  business  of  stock  and  exchange  broker,  in  buying  or  selling 
stock,  bank  notes,  gold,  silver,  promissory  notes  and  bills  of  exchange,  whether 
by  individuals  or  corporations,  one  hundred  dollars  ($100)  for  one  (1)  year: 


Y<  nded.  All  a<- 


SCHOOL    LAWS    OF    INDIANA  217 


All  actions  and  right  of  actions  now  pending  under  piovisions  of 
the  ict  which  is  by  this  act  repealed  may  be  prosecuted  under  the  provisions 
of  t  ie  law  in  force  at  the  time  this  act  took  effect . 

t,30.  License  Fund  Paid  to  School  Fund-.  2.  The  money  arising  from 
tin  exhibit i<m>  ni"nt ioiu-d  in  the  foregoing  section  shall  be  paid  over,  by  the 
coi  itv  treasurers  of  their  respective  counties,  to  the  treasurer  of  state  on  the 
fhv  day  of  each  calendar  month  and  shall  be  added  to  the  school  fund  and 
dis  ributed  as  other  money  in  the  school  fund  is  distributed. 

431.  Penalty.     3.     That  any  person,  firm  or  corporation  that  shall 
t'ai   or  refuse  to  pay  the  license  fees  provided  for  by  this  act,  shall  be  deemed 
gu  Ity  of  a  misdemeanor  and  upon  conviction  shall  be  fined  In  any  sum  not 
ex  « flinir  fifty  dollars  ($50).    Each  day's  failure  to  pay  said  license  fee  shall 
be  considered  a  separate  and  distinct  offense. 

[Acts  1911,  p.  161.    Approved  March  2,  1911.] 

432.  Hydrophobia  Fund — County  Auditor.     1.     The  county  auditor 
si  ill  annually  on  the  first  of  April  of  each  year  pay  to  the  state  auditor 
fb  e  per  cent   of  the  surplus  dog  tax  collected  from  the  townships  of  the 
C(  inty.     The  amount  received  from  all  county  auditors  shall  constitute  a 
st  tte  hydrophobia  fund  in  the  state  treasury:     Provided,  That  if  at  the  end 
of  the  fiscal  year  such  fund  shall  exceed  three  thousand  dollars  ($3,000)  the 
si  rplus  shall  be  turned  into  the  school  fund  of  the  state. 

The  remaining  sections  of  this  act  relate  to  the  treatment  of  hydrophobia  by  the 
Si  dc  authorities. 

[Acts  1865.  p.  3.     Approved  March  6,  1865.] 

433.  Counties  Liable.    3.     The  several  counties  of  this  state  shall  be 
h  -Id  liable  for  the  preservation  of  so  much  of  said  fund  as  is  intrusted  or  may 
h  ive  l»eou  intrusted  to  them,  and  for  the  payment  of  the  annual  interest 
t  lenon  at  the  rate  established  by  law,  the  payment  of  which  interest  shall 
bo  full  and  complete  every  year,  and  shall  so  appear  in  the  auditor's  report 
t  >  the  superintendent  of  public  instruction;  and  the  said  superintendent 
s  Kill,  at  any  time,  when  he  discovers,  from  the  report  or  otherwise,  that  there 
i    a  deficit  in  the  amount  collected,  for  want  of  prompt  collection,  or  other- 
\/ise,  direct  the  attention  of  the  board  of  county  commissioners  and  the  county 
juiditor  to  the  fact,  and  said  board  of  commissioners  are  hereby  authorized 
£  nd  required  to  provide  for  such  deficit  in  their  respective  counties.    (§6184.) 

1.  I  \  i !  in  -i       'I  I  i-  -< •< -tion  is  designed  to  carry  out  the  requirements  of  the  con- 
Mitution  '§»•».     The  interest  on  the  schools  funds  is  at  the  rate  of  six  per  cent. 

2.  Di  mil-  MM. i    ii       The  board  of  county  commissioners  is  required  to  make 
ip  losses  to  both  the  principal  and  interest  of  the  funds,  at  their  June  meeting  (§547), 
>y  authori/.in.u  the  auditor  to  draw  a  warrant  for  the  amount  of  the  deficit  upon  the 
,'encra!  fund  of  the  county  it:  favor  of  t  lie  particular  school  fund  found  deficient,  and 
ipon  failure  of  i  lie  hoard  ^>  toact  they  I .ecome  liable  to  an  action  in  the  name  of  the 
state  upon,  t  he  relat  ion  of  t  he  superintendent  of  public  instruction,  who  may  notify  the 
proper  pro-ecu  tinu  attorney  to  hrintr  such  action. 


131.  \rrouni  of  I  nml.  151.  The  county  auditors  of  the  several 
unities  of  this  stale  shall,  immediately  upon  the  taking  effect  of  this  act, 
open  an  acr«>uni  upon  their  books  with  each  of  the  congressional  townships 
of  their  respective  counties  whose  funds  are  managed  by  them,  and  transfer 


218  SCHOOL   LAWS    OF   INDIANA 

to  such  account  from  the  common  school  fund  account  the  principal  of  the 
congressional  township  fund,  as  it  existed  before  its  consolidation  with  the 
common  school  fund,  and  shall  thereafter  keep  a  separate  account  of  the 
principal  and  interest  of  the  congressional  township  fund  of  each  township. 

(§6185.) 

1.  SEPARATION  OF  FUNDS.     This  section  requires  the  separation  of  the  congres- 
sional township  fund  from  the  common  school  fund,  with  which  it  had  been  consolida- 
ted by  the  school  law  of  1852  in  accordance  with  the  constitution  (§1).    But  the  courts 
have  held  that  the  proceeds  of  the  sale  of  the  school  sections  could  not  be  diverted 
from  the  use  of  the  inhabitants  of  the  congressional  townships,  to  whom  they  had  been 
granted  by  the  United   States. — State  v.  Springfield  Tp.,  6  Inrt.  83;  22  How.  (U. 
S.)  56;  Quick  v.  Whitewater  Tp.,  7  Ind.  570;  Quick  v.  Springfield  Tp.,  7  Ind.  636. 

2.  PROCEEDS  OF  LANDS.    When  the  school  sections  have  been  sold,  the  proceeds 
of  the  sale  are  managed  by  the  county  auditor,  and  the  interest  thereon  distributed 
by  him  through  the  county  treasury  to  the  proper  school  trustees. — Davis  v.  State, 
44  Ind.  38;  affirmed,  94  U.  S.  (4  Otto)  792. 

[Acts  1873,  p.  79.     Approved  March  7,  1873.] 

435.  Custody  of  Lands — Report  of  Income.     44.     The  custody  and 
care  of  all  lands  belonging  to  the  congressional  township  fund  shall  be  with 
the  trustee  of  the  civil  township  in  which  the  same  shall  be  situated;  who  shall 
report,  annually,  to  the  auditor,  by  the  fourth  Monday  in  March,  the  annual 
income  derived  therefrom,  to  the  township.    And  the  report  shall  embrace  a 
fully  itemized  statement  of  his  rent  account  of  such  lands;  to  whom  and  for 
what  amount  the  same  was  rented  to  each  tenant;  and  whether  the  rents  have 
been  collected  or  not;  and  if  any  portion  has  not  been  collected,  he  should 
state  fully  the  reasons  why  the  same  has  not  been  collected.    Any  trustee  who 
has  heretofore  failed  and  neglected  to  so  report  shall  embrace  in  his  first  report 
such  itemized  statement  and  showing  for  each  preceding  year  not  so  reported, 
whether  by  himself  or  his  predecessors;  and  the  amount  of  school  funds  for 
any  year,  to  which  such  township  might  otherwise  be  entitled,  shall  be  with- 
held, and  not  paid  over  to  such  trustee,  if  the  rental  value  of  such  lands  for 
such  terms  shall  equal  or  exceed  the  township's  otherwise  portion  of  the  school 
fund;  and  it  shall  be  the  duty  of  such  trustee  to  pay  into  the  county  treasury 
all  rents  collected  and  reported  by  him  as  aforesaid.    (§6186.) 

1.  RENTS  DISTRIBUTED.  The  rents  of  school  lands  shall  be  paid  into  the  county 
treasury,  to  be  distributed  by  the  auditor  together  with,  and  in  the  same  manner,  as 
the  interest  on  the  congressional  township  fund.  And  a  township  trustee  who  fails 
to  pay  the  rents  into  the  county  treasury,  as  therein  required,  is,  with  his  county, 
liable  on  his  bond  for  the  amount,  with  ten  per  cent  damages  in  a  suit  in  the  name  of 
the  state  on  relation  of  the  board  of  commissioners. — Davis  v.  State,  44  Ind.  38;  Davis 
v.  Indiana,  94  U.  S.  (4  Otto)  792. 

436.  Leasing  Lands.    45.    He  shall  have  power,  when  directed  so  to  do 
by  a  vote,  or  by  the  written  direction  of  a  majority  of  the  voters  of  the  con- 
gressional township  to  which  the  same  belongs,  to  lease  such  lands  for  any 
term  not  exceeding  seven  years,  reserving  rents,  payable  in  money,  property, 
or  improvements  upon  the  land,  as  may  be  directed  by  a  majority  of  such 
voters.    (§6187.) 

437.  Divided  School  Section.    46.    When  the  sixteenth  section,  or  the 
section  which  may  be  granted  in  lieu  thereof,  shall  be  divided  by  a  county  or 
civil  township  line,  or  where  the  substituted  section  lies  in  any  other  county 


SCHOOL   LAWS    OF    INDIANA 


219 


in  t  ie  state,  the  voters  of  the  congressional  township  to  which  the  same  be- 
lon  s  shall  designate,  by  vote  or  by  the  written  direction  of  a  majority,  the 
tru  tee  of  one  of  the  civil  townships  including  a  part  of  said  section,  to  have 
th«  care  and  custody  of  said  section,  and  to  carry  out  the  directions  of  the 
vo1  jrs  of  the  township  in  relation  thereto;  and  the  trustee  so  designated  shall 
ha  e  the  same  powers  and  perform  the  same  duties  as  if  the  entire  section  was 
sit  ated  within  the  limits  of  the  civil  township,  and  receive  from  the  county 
trc  .surer  the  revenue  derived  from  funds  accrued  from  said  sale.  (§6188.) 

438.  Boundaries  of  Townships.  148.  The  county  commissioners  of 
ca  h  county  are  required  to  conform  the  boundary  of  their  civil  townships  to 
th  se  of  congressional  townships,  so  far  as  it  is  practicable  to  do  so.  (§6189.) 


[Acts  1877,  p.  i 
439.      School   Township, 


3.    Approved  March  12,  1877.] 

when  County  Lines  Divide.  1.  Where 
cc  mty  lines  divide  a  congressional  township,  the  proper  officer  in  the  county 
in  which  the  congressional  school  lands  are  situated,  or  would  be  situated  if 
ui  sold,  shall  control  such  lands  and  the  funds  arising  therefrom,  as  in  this  act 
is  >rovided.  (§6190.) 

440.  Auditor's  Statement  as  to  Children.     2.     When  the  enumeral 
ti  »n  is  made  of  children,  under  the  school  laws,  the  auditor  of  each  county 
si  all  furnish  to  the  auditor  of  the  other  a  statement  showing  the  number  of 
cl  ildren  in  each  congressional  township;  and  to  enable  him  to  do  this  correctly, 
tl  e  person  or  officer  making  the  enumeration  shall  correctly  state  the  number 
o  children  in  the  congressional  township  so  divided  by  county  lines.    (§6191.) 

441.  Auditor's  Duty.    3.    The  auditor  of  the  county  having  control  of 
tl  ie  fund  shall  open  an  account  with  the  other  county  as  to  each  congressional 
t<  »wnship,  and  credit  said  other  county  with  all  money  on  hand,  all  securities 
f<»r  lands  sold,  and,  if  any  lands  be  unsold,  with  the  proceeds  when  sold;  and, 
f]  om  time  to  time,  as  money  comes  in,  shall  credit  such  county  with  such  money 
-  -that  is  to  say,  shall  divide  such  money  pro  rata  on  the  basis  of  such  enumera- 
t  on  and  enter  the  credit;  and  shall  pay  over  such  money,  be  it  little  or  much, 
t )  the  treasurer  of  such  other  county,  file  his  receipt  with  the  auditor  and  take 
a  quietus,  and  so  continue  until  the  whole  portion  due  such  other  county  is 
I 'aid  over.    Such  payments  shall  be  made  quarterly,  to  correspond  with  the 
f  seal  year.    (§6192.) 

112.  Account  and  Distribution.    4.    Such  auditor  to  the  county  con- 
n-oiling such  lands  and  fund  shall  also  open  an  account  with  such  lands  and 

vith  the  township  in  his  own  county  divided  by  county  line,  and  shall  debit 
.ind  credit  such  accounts  as  he  receives  money  or  securities  from  sales  or 
jollectioris  from  lands  forfeited  and  resold,  and  all  expenses  in  full  and  regular 
>rder  of  entry  and  accounting,  so  he  can  tell,  at  any  time,  the  condition  of  the 
lands,  funds  and  securities.  He  shall  collect  in,  as  fast  as  possible,  all 
moneys  outstanding,  make  proper  distribution  as  per  enumeration,  and  credit 
the  proper  account  in  said  county,  and  continue  to  pay  over  to  the  other 
county,  as  above  provided,  until  each  county  has  its  proper  proportion  of 
said  funds.  (§6193.) 

1 13.  Duties  of  the  Other  Auditor.     5.     The  auditor  of  such  other 
county  shall  open  an  account  with  the  proper  township  in  his  county,  and 


220  SCHOOL   LAWS    OF   INDIANA 

credit  such  fund  as  fast  as  received;  and,  when  in  sufficient  amount,  shall 
loan  the  same  as  now  required  by  law.  Both  auditors  shall  make  a  statement 
of  the  condition  of  the  fund  annually,  at  the  end  of  the  proper  fiscal  year, 
and  file  one  copy  with  the  superintendent  of  public  instruction,  lay  one  before 
the  county  commissioners  (which  latter  shall  be  spread  upon  their  record), 
and  both  shall  be  sworn  to  by  the  auditor.  (§6194.) 

444.  Account — Re-adjustment.     6.     The  process  contemplated  by 
this  act  shall  continue  so  long  as  any  lands  remain  unsold,  or  any  securities 
are  uncollected,  and  until  each  county  shall  have  become  possessed  of  its 
proper  share  of  such  fund  in  money,  when  the  accounts  here  required  to  be 
kept  shall  be  closed  and  reported  as  aforesaid:     Provided,  That  in  the  year 
1890,  and  every  two  years  thereafter,  there  shall  be  a  readjustment  of  said 
fund  belonging  to  such  congressional  township,  upon  the  basis  of  the  number 
of  children  enumerated  in  each  part  of  such  congressional  township,   as 
hereinbefore  provided;  and  the  auditor  having  a  surplus  of  such  fund,  ac- 
cording to  such  basis,  shall  pay  to  the  treasurer  of  the  county  interested  the 
amount  of  money  due  said  county  upon  the  per  capita  basis  then  existing. 
For  the  services  here  provided  for,  the  auditor  shall  be  allowed  the  same 
fees  for  records,  certificates  and  other  labor,  as  is  allowed  by  law  for  other 
similar  services.    (§6195.) 

1.  The  auditor's  fee  must  be  paid  out  of  the  general  fund  of  the  county. — Hanlon 
v.  Board,  53  Ind.  123. 

[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

445.  Power  of  Trustee.    47.    The  proper  trustee  shall  have  all  the  rights 
and  powers  of  a  landlord,  in  his  official  name,  in  coercing  fulfillment  of  con- 
tracts relating  to  such  lands,  and  preventing  waste  or  damage,  or  for  the 
recovery  of  the  same  when  committed.    (§6196.) 

446.  Sale  of  School  Lands.    48.    At  any  time  when  five  voters  of  any 
congressional  township  shall,  by  petition  to  the  trustee  having  charge  of  the 
school  lands  belonging  to  sinh  township,  set  forth  their  desire  for  the  sale 
of  all  or  any  part  of  the  school  land,  the  trustee  shall  give  public  notice,  in 
five  public  places  in  such  township,  of  the  time  and  place  in  such  township 
when  and  where  balloting  will  be  had  to  determine  whether  the  lands  shall  be 
sold  as  petitioned  for  or  not;  whijh  notice  shall  be  given  at  least  twenty  days 
before  the  time  specified  therein.    (§6197.) 

1.  WHEN  PETITION  NECESSARY.  A  petition  is  only  necessary  where  land  is  sold 
the  first  time,  and  is  not  necessary  where  it  is  sold  to  recover  the  purchase  money. — 
McPheters  v.  Wright,  110  Ind.  519. 

447.  Proceedings  to  Sell.    49.    A  copy  of  such  petition  shall  be  entered 
on  the  book  containing  the  record  of  the  proceedings  of  such  trustee;  and  his 
action  thereon  shall,  also,  be  recorded.    (§6198.) 

448.  Ballots.    50.    If  a  voter  favor  the  sale  of  such  lands,  he  shall  write 
on  his  ballot  the  word  "sale;"  if  he  opposes  the  sale,  he  shall  write  the  words 
"no  sale."    (§6199.) 

449.  Results  of  Election.    51.    No  sale  shall  be  allowed  unless  a  majority 
of  all  the  votes  cast  at  such  election  shall  be  in  favor  of  such  sale;  nor  unless 
the  number  of  votes  constituting  such  majority  shall  exceed  fifteen.    (§6200.) 


SCHOOL    LAWS    OF    INDIANA  221 


'1  .0.  Certificate  of  Vote.  52.  The  trustee  shall  attend  at  the  time  and 
plac  specified,  and  shall  make  out  a  certificate  showing  the  number  of  votes 
give  for  and  against  the  sale;  which  shall  !><•  signed  l>y  him  and  tiled  in  his 
offiY  ;  and  he  shall  niter  the  same  upon  his  record-book.  (§6201.) 

•1>1.  Trustee's  duty.  53.  Said  trustee,  if  satisfied  that  a  majority  of 
all,  ,nd  more  than  fifteen,  voters  have  voted  for  such  sale,  shall  enter  the 
sam  on  his  record-book,  and  proceed: 

!  irst.    To  divide  the  lands,  so  voted  to  be  sold,  into  such  lots  as  will  secure 

the     .est   price. 

•econd.  To  affix  a  minimum  price  to  each  lot,  not  less  than  one  dollar 
and  t  went  \-fi\e  cents  per  a. -re.  below  which  it  shall  not  be  sold. 

Third.     To  certify  such  division  and  appraisement  to  the  proper  county 
-   auc  tor,  together  with  a  copy  of  all  his  proceedings  in  relation  to  the  sale  of 
sai.  lands.    (§6202.) 

1.12.  Order  and  Conduct  of  Sale — Fee.  54.  Such  certificate  and 
ret  rn  shall,  by  such  auditor,  be  laid  before  the  board  of  county  commissioners, 
at  heir  first  meeting  thereafter;  and  said  board,  if  satisfied  that  the  require- 
in*  its  of  the  law  have  been  substantially  complied  with,  shall  direct  such 
lai  Is  to  be  sold;  which  sale  shall  be  conducted  as  follows: 

First .     It  shall  be  made  by  the  auditor  and  treasurer. 

Second.  Four  week's  notice  of  the  same  shall  be  given,  by  posting  notices 
tin  reof  in  three  public  places  of  the  township  where  the  land  is  situated,  and 
at  the  court  bouse  door,  and  by  publication  in  a  newspaper  printed  in  said 
co  mty,  if  any — otherwise,  in  a  newspaper  of  any  county  in  the  state  situated 
IK  ires i  thereto.  The  sale  shall  be  made  by  the  auditor,  at  public  auction, 
at  the  door  of  the  court  house  of  the  county  in  which  the  land  is  situated,  and 
th  •  treasurer  shall  take  an  account  thereof;  and  each  of  said  officers,  for  making 
su  'h  sale,  shall  receive  a  fee  of  one  dollar,  to  be  paid  by  the  purchaser. 
(§5203.) 

[Acts  1875,  p.  134.    Approved  March  9,  1875.J 

1  .">.'{.  Terms  of  Sale — Timber.  55.  One-fourth  of  the  purchase-money 
srall  be  paid  in  hand  and  the  interest  for  the  residue  for  one  year  in  advance, 

and  ili.  n-jdue  in  ten  years  from  such  sale,  with  like  interest  annually  in 
advance;  arid  deferred  payments  shall  be  regarded  as  a  part  of  the  congres- 
-i  ma  I  i  own  ship  school  fund,  and  reported  as  such  by  the  auditor  to  the  super- 
ii  tendent  of  public  instruction:  Provided,  That  when  one-fourth  part  or 
11  ore  of  the  value  of  the  lands  so  sold,  at  the  time  of  such  sale,  shall  consist  of 
t  ie  timber  growing  thereon,  the  terms  of  sale  in  such  case  may  be  as  follow^. 
viz.:  At  least  one-half  of  the  purchase-money  cash  in  band,  and  interest 
f  >r  the  residue  for  one  year  in  advance,  and^  tbe  residue  in  annual  payments 
i  i  not  exceeding  ten  years  from  such  sale,  with  like  interest  annually  in 
advance;  and  in  such  case  the  terms  of  sale  shall  be  set  forth  in  the  notice 
provided  for  in  the  preceding  section:  And  provided  further,  That  whenever 
the  purchaser  of  any  such  land  shall  be  proceeding  to  cut  or  remove,  or 
threaten  to  cut  or  remove,  from  such  lands,  so  sold,  timber  gr«>\\ -ing  or  being 
thereon,  to  such  an  extent  that  the  land,  after  the  cutting  or  removal  of  such 
'imber.  shall  not  be  equal  in  value  to  the  amount  of  purchase  money,  with 


222  SCHOOL    LAWS    OF    INDIANA 

interest  then  remaining  unpaid,  it  shall  be  the  duty  of  the  trustee  of  tha  civi' 
township  in  which  such  land  is  situated  (and  he  is  hereby  authorized  and 
empowered)  to  commence  and  maintain  an  action,  in  the  name  of  such 
township,  in  the  circuit  court  of  the  county,  to  restrain  and  enjoin  the  further 
cutting  or  removal  of  such  timber.  ( §6204.) 

1.  COUNTY  LIABLE  FOR  INTEREST.    The  county  is  chargeable  with  interest  on  the 
entire  amount  of  the  price  of  the  land,  and  the  default  of  a  purchaser  of  the  land  in 
paying  deferred  instalments,    and  its  consequent  forfeiture  of  the  land  to  the  school 
fund,  does  not  relieve  the  county  of  liability  for  interest  on  the  fall  amount.— Board  of 
Commissioners  v.  State,  120  Ind.  442. 

2.  INJUNCTION.     It  is  the  duty  of  the  prosecuting  attorney  to  bring  the  suit  for 
an  injunction,  at  the  request  of  the  trustee. — Baldwin,  Att.'-Gen. 

[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

454.  Forfeiture — Resale.    56.     On  failure  to  pay  such  annual  interest 
when  it  becomes  due,  the  contract  shall  become  forfeited  and  the  land  shall 
immediately  revert  to  the  township;  and  the  auditor  and  treasurer  shall 
proceed,  forthwith,  again  to  sell  the  same,  in  like  manner  and  on  the  terms 
above  specified.    If,  on  such  second  sale,  such  land  shall  produce  more  than 
sufficient  to  pay  the  sum  owing  therefor,  with  interest  and  costs,  and  five 
per  cent  damages,  the  residue  shall,  when  collected,  be  paid  over  to  the  pur- 
chaser or  his  legal  representative.    ( §6205.) 

455.  Forfeiture — How  Prevented.    57.    At  any  time  before  the  sale, 
payment  of  the  interest  due  and  all  costs,  together  with  two  per  centum 
damages  on  the  principal  sum  and  interest  due  and  owing  for  said  land,  shall 
prevent  such  sale  and  revive  the  original  contract.    (§6206.) 

456.  Forfeiture — Liability   for   Waste.      58.      In  case  of  such  for- 
feiture, the  original  purchaser  may  be  sued  for  waste  or  unnecessary  injury 
done  to  such  land.    ( §6207.) 

457.  Suit  for  Waste.    59.    Such  suit  shall  be  prosecuted  by  the  auditor, 
in  the  name  of  the  state,  for  the  use  of  the  proper  congressional  township. 
(§6208.) 

458.  Private  Sale.    60.    When  any  land  offered  for  sale  at  public  auc- 
tion shall  remain  unsold,  the  county  auditor  may  dispose  of  the  same  at 
private  sale  for  the  best  price  that  can  be  had  therefor,  not  being  less  than 
the  minimum  price  affixed  thereto.    (§6211.) 

1.  WHEN  SALE  AUTHORIZED.  This  section  authorizes  a  private  sale  only  where 
the  land  has  been  offered  for  sale  at  public  auction  and  remains  unsold. — McPheters  v. 
Wright,  110  Ind.  519. 

459.  Reappraisement.     61.     After  the  expiration  of  the  term  of  four 
years  after  any  appraisement  and  offer  for  sale  of  any  lands  in  this  state 
belonging  to  any  township  for  school  purposes,  and  such  lands  remain  unsold, 
it  shall  be  lawful  to  reappraise,  sell  and  dispose  of  said  lands  in  the  same  man- 
ner that  they  would  have  been  had  such  lands  not  been  previously  offered 
for  sale:    Provided,  however,  That  such  appraised  value  shall  not  be  below  the 
minimum  price  now  fixed  by  law.    (§6212.) 


SCHOOL    LAWS    OF    INDIANA  223 

(Acts  1917.  p.  340.] 

60.       Sale    of    Real     Estate,    Appraisement — Notice — Terms.      1. 

Th;  :  whenever  it  shall  appear  that  real  estate  which  has  been  purchased  for 
sch'  ol  experimental  purposes  is  undesirable  or  unnecessary  for  the  further- 
anc  of  such  purposes,  and  unnecessary  to  the  school  corporation  owning 
sail  3,  such  school  corporation  may  through  its  duly  elected  or  appointed 
ami  legally  empowered  official  or  officials  cause  such  real  estate  to  be  appraised 
inn  >r  oath  by  three  (3)  disinterested  freeholders  of  the  township  in  which 
sai;  e  is  situated  and  may  sell  same,  or  any  part  thereof  at  public  sale  for  not 
les^  than  the  appraised  value,  after  three  (3)  weekly  advertisements  of  the 
tin  •  and  place  of  such  sale,  with  a  full  description  of  such  property  pub- 
lisl  ed  in  a  newspaper  of  general  circulation  in  the  county  in  which  suoh  real 
est  ,te  is  situated,  and  such  real  estate  shall  be  sold  to  the  highest  bidder 
up  n  terms  of  one-third  (1-3)  caslz,  and  balance  in  one  (1)  and  two  (2)  years 
in  <qual  instalments  with  six  per  cent  (6%)  interest  upon  the  deferred  pay- 
m<  its.  The  proceeds  of  such  sale  shall  be  paid  into  the  school  fund  of  such 
scl  ool  corporation. 

[Acts  1883,  p.  75.     Approved  March  3,  1883.] 

461.  Advertisement  of  Funds.     1.     Whenever,  in  any  county  of  the 
St  ite  of  Indiana,  the  school  fund,  or  any  part  of  the  school  fund,  apportioned 
to  such  county  to  be  loaned  out,  remains  unloaned,  it  shall  be  the  duty  of  the 
ar  iitor  of  said  Bounty  to  advertise,  in  the  months  of  January,  April,  July 
ai  d  October,  for  three  consec  itive  weeks,  in  a  weekly  newspaper  published 
in  said  county,  that  such  amount  of  school  fund  remains  unloaned,. and  that 
a]  pli^ants  for  loans  can  secure  the  same  by  applying  at  his  office  and  fulfilling 
t  h  ••  requirements  of  the  law  under  which  he  is  authorized  to  loan  out  the  school 
fund.    (§6253.) 

[Acts  1883.  p.  79.     Approved  March  3,  1883.] 

462.  Reappraisement  of  Forfeited  Lands.     1.    All  lands  which  have 
become  Forfeited  and  have  reverted,  or  may  hereafter  be  forfeited  and  revert 
1<    the  various  townships  in  the  several  Bounties  of  this  state,  for  failure  to 
p.iy  tin-  interest  or  principal  of  the  amount  due  thereon  to  the  school  fund, 
a  id  which  have  remained  or  hereafter  remain  unsold  for  the  period  of  three 
yiars.  li\  reason  of  the  amount  due  thereon  being  in  excess  of  the  values  of 
said  lands,  may  be  reappraised  and  sold  for  a  sum  not  less  than  said  reap- 
praised value  thereof;  and  such  reappraisement  and  sale  to  be  made  in  the 
aime  ma  mier  and  upon  the  same  terms  and  conditions  as  is  now  prescribed 

§l  y  law  for  the  appraisement  and  sale  of  such  lands.    (§6209.) 
1.     To  WHAT  LAND  APPLIABLE.     This  section  relates  to  the  sale  of  congressional 
t  >\\  iiship  lands,  and  It  has  no  reference  to  the  right  of  the  county  to  be  reimbursed  for 
itcrvst  paid  on  loans  out  of  the  proceeds  of  a  sale  under  a  mortgage  after  the  principal 
in-cn  paid  to  the  state. — Board  v.  State.  122  Ind.  333. 


•I 


463.  Appropriation  by  Commissioners.  2.  Upon  the  sale  of  such 
lands  as  provided  for  in.  the  preceding  section  of  this  act,  the  board  of  county 
"•ommissioners  of  the  several  counties  in  which  said  lands  are  situated  may 
nake  an  appropriation,  from  the  general  county  funds,  a  sum  equal  to  the 
difference  between  the  amount  for  which  said  lands  shall  have  been  for- 


H 


224  SCHOOL    LAWS    OF   INDIANA 

felted  and  the  amount  for  which  such  lands  shall  have  last  sold;  said  sum 
appropriated  to  be  placed  to  the  credit  of  the  proper  fund  and  loaned  as  other 
school  funds  are  loaned.  ( §6210.) 

464.  Certificate  of  Purchase.     62.     A  certified  statement  of  such  sale 
shall  be  made  and  signed  by  the  auditor,  and,  being  first  recorded  by  such 
auditor  in  the  records  of  the  board  of  county  commissioners,  shall  be  delivered 
to  the  purchaser  when  he  makes  his  first  payment,  and  shall  entitle  him  to  a 
deed  when  the  terms  of  such  purchase  shall  have  been  fully  complied  with. 
(§6213.) 

465.  Rights  of  Purchaser.    63.    Every  purchaser,  until  forfeiture,  shall 
be  entitled  to  all  the  rights  of  possession  before  existing  in  such  trustee  or 
township,  and  to  all  rights  and  remedies  for  rents  becoming  due  or  breaches 
of  covenant  occurring  after  his  purchase  under  any  lease  existing  at  the  time 
of  his  purchase,  and  for  all  waste  committed  thereafter.     (§6214.) 

466.  Failure  to  Make  First  Payment — Penalty.     64.     A  purchaser 
at  such  sale  failing  to  make  the  first  payment  as  above  required  shall  pay 
ten  per  centum  on  the  sum  bid,  to  be  recovered  by  action  before  any  court 
having  jurisdiction,  to  be  prosecuted  by  the  county  auditor  in  the  name  of 
the  state  for  the  use  of  the  proper  township;  and  the  auditor  and  treasurer 
shall  be  competent  witnesses.    ( §6215.) 

1.     TENDER  OF  DEED.     In  a  suit  to  recover  the  final  instalment    of   purchase 
money,  a  deed  should  be  first  made  and  tendered. — Johnson  v.  State,  74  Ind.  588. 

467.  Assignment.     65.     No  assignment  of  a  certificate  shall  be  valid 
unless  acknowledged  before  some  officer  authorized  to  take  acknowledgments 
of  deeds  or  before  the  county  auditor,  who  shall,  in  all  such  cases,  record 
the  same.     Assignments  of  certificates  heretofore  made  before  any  officer 
authorized  to  take  acknowledgments  of  deeds,  when  recorded,  shall  be  as 
valid  as  if  acknowledged  before  the  county  auditor.    (§6216.) 

[Acts  1863,  p.  11.     Approved  February  27,  1863.] 

468.  Defective  Assignments — Proceedings.     1.     Whenever  the  Cer- 
tificate of  the  school  commissioner  or  auditor  of  any  county  of  this  state, 
issued  for    land  sold,   has  been  assigned  by  any  person  without  a  proper 
acknowledgment  before  the  county  auditor  or  other  proper  officer,  or  assigned 
by  delivery,  and  such  assignor  is  deceased,  any  assignee  of  such  certificate, 
claimng  title  to  the  land  described  therein,  may  file  his  complaint  in  the 
proper  circuit  court,  making  the  county  auditor  and  the  heirs  of  such  de- 
ceased assignor  parties  thereto.     If  it  shall  be  proved  to  the  satisfaction  of 
the  court  that  the  plaintiff,  or  any  party  to  the  cause  is  the  equitable  owner 
of  the  land,  and  the  purchase  money  has  been  fully  paid  to  the  school  fund, 
the  court  shall  direct  the  auditor  to  execute  a  proper  conveyance  to  the  plain- 
tiff or  other  parties  entitled  thereto,  although  the  certificate  has  not  been 
properly  assigned  or  the  assignment  thereof  properly  acknowledged  by  the 
decedent.    All  other  persons  claiming  any  interest  in  the  land  may,  on  their 
application,  be  made  parties  and  heard  in  the  case.    The  auditor  shall  execute 
a  conveyance,  according  to  the  directions  of  the  court;  and  such  conveyance 
shall  vest  in  the  grantee  the  title  of  said  land  as  fully  and  to  all  intents  and 


SCHOOL    LAWS    OF    INDIANA  225 

puri  >ses  as  if  the  certificate  had  been  legally  assigned  and  the  assignment 
proj  irly  acknowledged.    (§6217.) 

[Acts  1S65,  p.  3.    Approved  March  6,  1865.] 

4  »9.  Loan  of  Purchase  Money.  66.  When  the  residue  of  the  purchase 
mon  y  becomes  due,  the  purchaser  may  retain  the  same  as  a  loan  for  a 
tern  not  exceeding  three  years,  on  payment,  annually  made  in  advance,  of 
thf  iterest  thereon,  at  the  rate  then  established  by  law  for  the  loans  of  such 
func  ;;  but  he  shall  receive  no  deed  until  full  payment  is  made.  (§6218.) 

'1 70.  Payments.  67.  Purchasers  may,  at  any  time  before  due,  pay  a 
part  or  the  whole  of  such  purchase  money.  (§6219.) 

71.  Lost  Certificate.  68.  When  any  such  certificate  shall  be  lost  before 
;•  a  d  ed  be  made,  on  proof  thereof  by  affidavit  of  the  person  interested, 
or  o  her  competent  testimony,  to  be  filed  with  the  county  auditor,  and  after 
thn  •  month's  notice  of  intention  to  apply  for  a  new  certificate,  given  in  some 
ne\N  >paper  printed  nearest  to  where  the  land  lies,  such  auditor  may  issue 
th<-  ;ame  to  the  person  entitled  thereto.  (§6220.) 


LOST  CERTIFICATE.     If  a  certificate  be  lost,  a  new  one  may  be  issued  to  the 
pur.  laser,  even  to  a  grantee  of  the  purchaser. -^-Hinkle  v.  Margerum,  50  Ind.  240,  241. 

172.  Purchase  Money,  Where  Paid.     69.     The  purchase  money  and 
intc  rest,  and  all  costs  and  damages  above  provided  for,  shall  be  paid  to  the 
tre;  surer  of  the  proper  county,  and  his  receipt  therefor  filed,  by  the  person 
pa>  ing,  with  the  county  auditor,  who  shall  issue  his  quietus  therefor.    (§6221.) 

173.  Duty  of  Auditor.     70.     When  such  payment  is  in  completion  of 
an}  contract  of  sale,  the  amount  of  such  receipt  shall  be  indorsed  by  the  coun- 
t  v  ;  uditor  on  the  certificate  of  purchase.    (§6222.) 

474.  Deed.     71.    On  full  payment  for  such  land  a  deed  shall  be  issued 
by  the  county  auditor,  and  entered  noon  the  record-book  of  the  board  of 
cou  nty  commissioners.    ( §6223.) 

ENTKY  ON  RECOHD.     The  deed,  before  delivery,  must  be  entered  on  the  record- 
boo  <  of  the  county  commissioners. — Arnold  v.  Gaff,  58  Irid.  ">  i:<. 

[Acts  1877,  p.  139.   Approved  February  8,  1877.] 

475.  Sale — Legalization.     1.     In  all  cases  where  school  lands  have 
be*n  sold  and  certificate  has  either  been  issued  to  the  purchaser  or  entered 
of   vcord  in  the  proper  office,  or  otherwise,  so  the  purchaser  entered  into 
possession  and  paid  part  of  the  whole  of  the  purchase  money,  or  could  have 
entered  into  occupancy,  s^ch  sale  shall  be  deemed  and  held  a  sale  under  the 
la  v  ,  as  nincli  as  it  would  be  had  a  deed  been  made  and  delivered  and  the  fee 
ha>l  been  passed  to  the  purchaser;  and  s,n-li  lands  shall  be  deemed  and  held 
as  having  been  sold,  so  as  to  make  them  liable  to  taxation,  within  the  meaning 
of  the  law,  as  fully  and  completely  as  they  wo., Id  have  been  had  a  deed  been 
de  ivered.    All  approvements  of  lands  so  sold,  and  all  assessments  of  the  same 
for  taxes,  and  all  levies  and  collections  of  taxes  thereon,  heretofore   made 
aro  hereby  legalized  and  declared  to  lawful  and  valid,  and  shall  in  nowise 
be  subject  to  question  by  reason  of  such  sale  not  having  been  consummated 

execution  and  delivery  of  deed.    (§6224.) 

8554—15 


226 


SCHOOL    LAWS    OF    INDIANA 


[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

476.  Title— When  Complete.     72.     Such  deed  shall  be  executed  ai 
acknowledged,  at  the  cost  of  the  grantee,  by  the  county  auditor,  as  in  oth( 
cases;  and,  thus  executed  and  delivered,  shall  vest  in  the  grantee,  his  heii 
and  assigns,  forever,  a  complete  title  to  the  land.    (§6225.) 

477.  Sale  Had  Without  Vote.     73.     The  voters  of  any  congressioi 
township  may,  in  the  absence  of  a  vote  to  sell  land,  and  in  lieu  thereof,  pet 
tion  the  trustee  of  the  township  for  such  sale.    Such  petition,  if  signed  by 
majority  of  all  the  voters  of  the  township,  shall  be  filed  with  the  county 
auditor,  and  the  same  proceeding  shall  be  had  as  provided  in  section 
[§500],  upon  a  vote  of  the  inhabitants  of  the  township  for  such    ale.     Sucl 
petition  and  certificate  shall  be  recorded  in  the  record-book  of  the  trustc 
of  the  townshiu  and  of  the  county  auditor  of  the  investment  of  funds  heh 
for  the  benefit  of  common  schools  and  congressional  townships.    (§6226.) 

478.  Compensation  on  Failure  of  Title.      150.     When  any    offic< 
authorized  to  sell  school  lands,  shall  have  sold  any  lands  without  a  title  th< 
to,  such  officer,  or  his  successor  in  office  may  convey  such  other  lands  of  equ* 
value  as  may  be  agreed  upon  by  such  officer  and  the  purchaser,  his  heirs 
assigns;  or,  failing  to  make  suoh  agreement,  the  purchase  money,  with  interest 
shall  be  repaid  to  the  purchaser,  his  heirs,  executors,  administrators  or  assigr 
but  no  such  purchase  money  shall  be  thus  repaid  until  the  proper  i.rosecutii 
or  district  attorney  shall  have  investigated  the  facts  of  the  case  and  certified 
to  the  correctness  of  the  claim.    (§6227.) 

1.     SALES  LEGALIZED.     Sales  in  unauthorized  subdivisions  prior  to  March  3,  1855, 
were  legalized. — Acts  1855,  p.  144. 

[Acts  1855,  p.  49.     Approved  March  1,  1855.] 

479.  Lands  and  Surplus  Revenue  Fund,  How  Sold.     1.     Where  tl 
surplus  revenue  fund  belonging  to  common  schools,  in  any  county  in  tl 
state,  or  any  part  of  such  fund,  has  by  any  means  become  invested  or  change 
into  real  estate,  the  board  of  commissioners  of  such  coanty  are  hereby  authoi 
ized  to  dispose  of  the  same,  by  sale,  in  such  manner  as  may  seem  best  for 
interest  of  the  common  school  fund,  and  to  reinvest  the  proceeds  of  su< 
sale  in  the  manner  directed  by  law  for  tbe  investment  of  other  moneys  beloi 
ing  to  the  common  school  fund.    (§6228.) 

[Acts  1893,  p.  41.    Approved  February  17,  1893.] 

480.  Interest — Judgment.     1.     The  principal  of  all  moneys,  wheth( 
belonging  to  the  common  school  fund  or  to  the  congressional  township  schoc 
fund,  received  into  the  county  treasury  shall  be  loaned  at  6  per  cent  per  ai 
num,  payable  annually  in  advance,  and  the  interest  paid  out  as  prescribe 
by  the  school  law  of  this  state,  and  not  otherwise;  and  any  judgment  upoi 
any  note  or  mortgage  for  any  part  of  said  fund  shall  bear  6  per  cent  interes 
from  the  date  thereof  till  the  same  is  paid;  and  no  greater  rate  o'  inter 
than  is  herein  specified  shall  be  exacted  or  received  upon  any  loan  heretofoi 
made  at  the  rate  of  8  per  cent  per  annum  shall,  from  and  after  the  takii 
effect  of  this  act,  draw  6  per  ^ent  interest  per  annum,  the  same  as  if  m 
tiated  under  the  provisions  of  this  act.    (§6229.) 


227 


[Acts  1907,  p.  76.     Approved  February  25,  1907.) 


Advertisement  of  Funds.  1.  It  shall  be  the  duty  of  the  county 
aud  tor  to  publish  once  each  quarter,  in  a  weekly  paper  of  general  circulation 
pul  ished  in  his  county,  the  amount  of  the  common  school  fund  on  hand 
sub  e,-t  to  loan:  Provided,  No  such  newspaper  advertisement  shall  cost  to 
exc<  ed  one  dollar  and  fifty  cents.  In  all  cases  where  there  is  one  thousand 
dol  irs  in  such  fund  to  be  loaned,  he  shall  also  keep  the  same  continually 
pos  ed  on  a  bulletin  board  in  a  conspicuous  place  in  his  office:  Provided, 
Th.  t  in  counties  containing  a  rity  having  a  poj  ulation  of  ten  thousand  or 
mo  9,  according  to  the  last  preceding  United  States  census,  said  notice  may 
be  ublisbed  in  a  daily  newspaper  of  general  circulation,  but  such  notice  shall 
not  be  published  more  than  once  in  a  quarter  in  such  newspaper.  (§6254.) 

182.  County  Auditor — Penalty.    2.    Should  the  auditor  fail  to  Comply 
wit  i  the  requirements  of  this  act  he  shall  be  deemed  guilty  of  a  misdemeanor, 
am   upon  convi'  tion  thereof'  shall  be  fined  not  less  than  ten  (10)  dollars  nor 
mo  e  than  twenty-five  (25)  dollars  for  each  offense.    (§6255.) 

[Acts  1865,  p.  3.     Approved  March  6.  1865.1 

183.  Auditor's  Duty.     75.     Such  loans  shall  be  made  by  the  county 
auc  itor,  who  shall  inform  himself  of  the  value  of  the  real  estate  offered  in  the 
mo  tgage  and  be  satisfied  of  the  validity  of  the  title  thereof  and  all  persons 
ap]  lying  for  a  loan  shall  produce  to  said  auditor  title  papers,  showing  to  his 
sat  ^faction,  a  good  and  sufficient  title  in  fee-simple,  without  incumbrance, 
[an  1]  not  derived  from  sale  for  taxes.     (§6240.) 

484.  Appraisement.    76.    The  auditor  shall  require  three  disinterested 
fre<  holders  of  the  neighborhood  to  appraise  any  land  offered  in  mortgage. 
(§6241.) 

485.  Duty  of  Appraisers.     77.     Such  appraisers,  being  first  officially 
sw<  -rn,  shall  examine  and  appraise  such  land,  and  sign  and  give  to  the  appli- 
cart  a- certificate,  setting  forth  the  fair  cash  value  of  the  land  at  the  time, 
without  taking  into  consideration  perishable  improvements.    (§6242.) 

[Acts  1885.  p    195.     Approved  April  11,  1885.J 

486.  Loans  Outside  of  County.    78.    In  making  such  loans  preference 
slu  11  he  givrn  to  the  inhabitants  of  the  county:     Provided,  That  whenever 
an.   of  such  funds  shall  have  remained  in  the  treasury  of  any  county  to  which 
th<   same  may  belong  for  a  period  of  three  months,  without  being  loaned  to 
an     inhabitant  of  said  county,  then  the  auditor  of  said  county  may  loan  the 
sai  ie  to  any  freeholder  of  any  other  county  in  Indiana,  upon  his  complying 
wi  h  the  law  n-gulating  such  loans.    When  the  land  received  as  security  for 
an  /  such  loan  is  situated  in  any    ounty  of  t  he  state  other  than  the  one  in  which 
the  loan  is  made,  and  there  is  default  in  the  payment  of  interest  or  principal, 
the  auditor  of  the  county  making  the  loan  shall  at  once  transmit  to  the  auditor 
of    he  county  where  the  land  is  situated  a  certified  copy  of  the  note  and  mort- 
gage given  for  the  loan,  with  a  statement  of  su.-h  default  in  payment,  and 
tin-  auditor  of  such  latter  county  shall,  upon  such  certified  copy,  at  once 
proceed  to  enforce  the  collection  of  such  loan  either  by  suit  or  sale  of  the  land, 

is  now  provided  by  law;  and,  after  receiving  such  certified  copy  by  said 


228 


SCHOOL    LAWS    OF   INDIANA 


auditor,  all  steps  taken,  and  all  proceedings  had,  with  reference  to  said 
or  the  land  which  was  mortgaged  shall  be  the  same  as  if  the  loan  had  original!: 
been  made  out  of  the  funds  belonging  to  said  county;  and  all  money  collectee 
or  realized  upon  such  loan  shall  at  once,  as  soon  as  collected  or  realized, 
paid  over  to  the  auditor  of  the  county  having  made  the  loan.  (§6243.) 

487.  Limit  of  Loan.    79.    The  amount  loaned  to  any  person  shall  not 
exceed  two  thousand  dollars.      (§6244,  as  amended  Acts  1885,  p.  196.) 

See  §491. 

[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

488.  Oath  of  Applicant.     81.     Such  applicant  shall  make  oath 
there  is  no  incumbrance  or  better  claim,  that  he  knows  of,  and  that  the 
abstract  of  the  title  presented  by  him  is,  as  be  believes,  a  true  one.    (§6246.) 


489.    Time  of  Loan. 

five  years.    (§6247.) 


82.    No  loan  shall  be  made  for  a  longer  term  thj 


[Acts  1901,  p.  152.    Approved  March  7,  1901.] 

490.  Loan  of  School  and  University  Funds.     1.     The  principal  of 
moneys,  whether  belonging  to  the  common  school  fund,  the  congressiom 
township  school  fund,  or  the  permanent  endowment  fund,  Indiana  University, 
received  into  the  county  treasury,  shall  be  loaned  at  6  per  cent  per  annum 
payable  annually  at  the  end  of  each  year  from  the  date  of  such  loan.    (§6230.) 

491.  Limit  of  Loan.    2.    The  amount  loaned  to  any  person  or  company 
rom  the  common  school  fund,  the  congressional  township  school  fund,   or 

the  permanent  endowment  fund,  Indiana  University,  shall  not  exceed  foi 
thousand  dollars.    (§6231.)    See  §487. 

492.  Percentage  of  Value  of  Land.     3.     The  sum  loaned  shall  not 
exceed  one-half  the  appraised  value  of  the  premises  proposed  to  be  mortgaged. 
In  all  cases  where  perishable  improvements  upon  real  estate  are  accepted 

a  part  of  the  security  for  any  such  loan,  the  real  estate  and  the  perishable 
improvements  thereon  shall  be  appraised  separately,  and  there  shall 
procured  by  the  borrower  a  policy,  or  policies,  of  fire  and  tornado  insurant 
issued  by  a  company,  or  companies,  duly  authorized  by  the  auditor  of  stat 
to  do  business  in  this  state,  and  such  policy  or  policies  shall  contain  the  unioi 
mortgage  clause  in  favor  of  the  county  wherein  such  loan  is  made,  and  sucl 
borrower  shall  deliver  such  policy,  or  policies,  of  insurance  to  the  auditoi 
of  such  county  and  shall  keep  such  improvements  insured  in  the  manner  af 01 
said  during  the  time  that  such  loan  is  in  force.  The  mortgage  securing  sucl 
loan  shall  contain  the  provision  that  such  insurance  shall  be  procured  am 
kept  in  force  as  above  provided.  Upon  the  failure  of  said  borrower  to  do  so, 
the  auditor  shall  procure  such  in  urance,  and  the  premium  or  premiunif 
thereof  shall  become  a  part  of  the  debt  secured  by  said  mortgage,  bearii 
same  rate  of  interest  as  the  mortgage  debt,  and  the  further  provision  that  sucl 
mortgage  may,  upon  such  default  by  such  borrower,  be  foreclosed.  Such  ii 
surance  shall  in  all  cases  be  for  a  sum  equivalent  to  sixty-six  and  two-thii 
per  cent  of  the  appraised  value  of  such  portion  of  said  perishable  improve 
ments  as  is  accepted  as  security  for  any  such  loan:  Provided,  That  whe 


SCHOOL    LAWS    OF    INDIANA  229 

sue!  premises  are  situated  in  a  county  other  than  that  to  which  such  fund 
ma.  belong,  the  sum  loaned  thereon  shall  not  exceed  forty  per  ^ent  of  the 
apj  aised  value  of  such  premises.  (As  amended  1903,  p.  119,  §6232.) 

[Acts  1913,  p.  690.] 

93.      County   Auditors — School   Funds — Loan  on   Mineral    Land. 

1.  That  where  coal  or  other  minerals  underlie  the  surf  a  ;e  of  real  estate,  that 
the  auditor  of  the  county  where  said  real  estate  is  situated  is  hereby  authorized 
to  1  -an  the  piincipal  of  all  moneys  belonging  to  the  school  fund  to  an  amount 
not  to  exceed  fifty  per  cent  of  the  surface  value  of  said  real  estate,  secured 
by  ,  mortgage,  and  said  loan  to  be  made  in  all  other  respects  as  now  provided 
by  iw.  (§6232a.) 

[Acts  1901,  p.  152.    Approved  March  7.  1901.1 

194.  Length  of  Time.  4.  No  loan  shall  be  made  for  a  longer  term 
tha  i  five  years,  and  any  borrower  of  such  funds  shall  have  the  right  to  pay 
not  less  than  ten  per  rent  of  any  sum  so  loaned  to  him  at  the  end  of  any  year 
dui  ing  the  maturing  of  said  loan,  and  shall  not  be  required  to  pay  any  in- 
ter st  thereafter  on  such  sum  paid.  (§6233.) 

495.  County  May  Borrow.    5.     In  any  county  in  this  state  where  the 
coi  imon  school  fund,  congressional  township  school  fund,  or  the  permanent 
enc  owment  fund,  Indiana  University,  or  either  of  said  funds,  subject  to  loan 
by  the  county  auditor,  shall  accumulate  to  the  amount  of  one  thousand 
dol  ars  or  more,  and  shall  remain  unloaned  for  a  period  of  thirty  days  or 
more,  and  such  county  shall  not  have  sufficient  money  in  its  treasury  to 
pa;    the  debts  and  obligations  then  owing  by  such  county,  it  shall  be  lawful 
for  such  county  to  borrow  and  use  such  unloaned  school  funds,  or  any  por- 
tio  i  thereof,  for  a  period  not  exceeding  five  years.     (§6234.) 

496.  Note  of  County — County  Council.     6.     Whenever  any  county 
coi  ncil  shall  determine  to  borrow  and  use  any  such  funds  under  the  provisions 
of    his  act,  such  council  shall  cause  to  be  entered  of  record  an  order  specify- 
in',  i  In-  amount  of  such  funds  to  be  borrowed  and  used,  and  the  time  for  which 
such  loan  shall  he  made,  and  shall  execute  to  the  State  of  Indiana,  for  the  use 
of  the  said  funds,  a  written  obligation  signed  by  the  president  of  said  council, 
specifying  the  facts  under  which  the  same  is  executed,  the  sum  of  money 
borrowed  and  the  time  when  such  money  shall  be  repaid  to  such  county. 
Sa  -1  obligation  shall  be  deposited  with  the  auditor  of  the  county,  and  shall 
be  preserved  by  him  as  mortgages  for  loans  of  such  funds  are  kept  and  pre- 
served; and  such  auditor  shall  make  the  same  entries  of  record  in  his  office 
iv  p.  .-tin-  -uch  loans  As  he  i*  required  by  law  to  make  when  loans  of  such 
fu  ids  are  made  to  private  individuals.    (§6235.) 

l«>7.      Vmlitiir**  Warrant.     7.     Ou  the  deposit  of  such  obligation  with 

th ••  county  auditor,  he  shall  draw  his  warrant  upon  the  county  treasurer, 
in  favor  of  such  county,  for  the  amount  of  money  specified  in  such  order  and 
ol  libation:  and  on  presentation  of  such  warrant  to  such  tresaurer  he  shall 
tiMiislVr  I'nnii  the  principal  sum  of  the  common  school  funds,  the  congressional 
t<>\\  nship  school  funds  or  the  permanent  endowment  fund,  Indiana  University, 
in  his  hands,  subject  to  loan,  to  the  credit  of  the  county  revenue  of  such 


u 


230  SCHOOL   LAWS    OF   INDIANA 

county,  the  amount  of  such  warrants,  and  such  sum  shall  become  a  part  o 
the  general  revenue  funds  of  the  county.  No  county  auditor  shall  act  a 
agent  for  any  person,  firm  or  corporation,  either  directly  or  indirectly 
during  his  term  of  office,  in  the  negotiation  of  any  loan  of  money,  other  tha 
in  loaning  the  funds  mentioned  in  this  act.  (§6236.) 

498.  Rate  of  Interest.    8.    Any  county  borrowing  and  using  any  fund 
under  the  provisions  of  this  act,  shall  be  required  to  pay  interest  for  the  us 
of  such  funds  at  the  rate  of  six  per  cent  per  annum.    (§6237.) 

499.  Payment  of  Loan.    9.    On  the  payment  by  any  county  of  a  loa 
made  under  this  act,  the  same  proceedings  shall  be  had  by  the  county  audito 
and  treasurer  as  is  required  by  law  to  be  taken  and  had,  so  far  as  entries  upoi 
their  records  are  concerned,  as  when  a  loan  of  school  funds  or  State  University 
funds  is  paid  by  a  private  individual,  and  when  such  loan  is  fully  paid,  am 
a  receipt  therefor  given  by  the  county  treasurer  to  the  county  auditor,  sue 
auditor  shall  enter  of  record  a  statement  showing  such  payment  and  sha 
cancel  the  obligation  given  by  the  county  council  and  file  the   same   fo 
future  reference  in  the  archives  of  his  office.    (§6238.) 

500.  Transfer  from  One  County  to  Another.     10.     Whenever  mor 
than  five  thousand  (5,000)  dollars  of  either  of  said  funds  remains  unloane 
in  any  county  for  a  period  of  six  (6)  months,  it  shall  be  the  duty  of  the  county 
auditor  to  notify  the  auditor  of  state  of  such  fact,  with  the  name  of  th 
fund  to  which  such  unloaned  sum  belongs,  and  the  amount    so   unloanec 
The  auditor  of  any  county  having  applications  for  loans  beyond  the  amount 
of  the  funds  now  apportioned  to  said  county  shall  notify  the  auditor  of  state 
of  such  fact,  and  the  auditor  of  state  may  transfer  the  unloaned  funds  from 
any  county  to  any  other  county,  crediting  the  county  from  which  the  same  is 
transferred  with  the  amount  so  transferred,  and  charging  the  county  to  whi< 
the  same  is  transferred  with  such  amount,  and  thereafter  the  county  to  whk 
such  sum  is  transferred  shall  account  for  the  interest  thereon.    (§6239.) 

1.     NOTE.     Section  11  repeals  all  laws  in  conflict  with  the  ten  preceding  sectioi 
[Acts  1881,  p.  99.     Approved  April  14,  1881. J 

501.  Certificate  as  to  Liens.     1.    An  applicant  for  a  loan  of  a  part 
the  common  school  fund  or  of  the  congressional  township  school  fund 
file  with  the  auditor  of  the  county  the  certificate  of  the  clerk  and  recorder 
the  county  that  there  is  no  incumbrance  on  the  land  offered  as  a  security  ft 
the  loan  in  either  of  said  offices:     Provided,  That  where  the  records,  bool 
and  papers  of  the  clerk's  office  have  been  destroyed  by  fire,  the  clerk's  cerl 
ficate  shall  only  state  the  fact  and  date  of  such  destruction,  and  that  there 
no  incumbrance  on  said  land  appearing  from  any  of  the  records,  books 
papers  then  on  file  in  his  office,  and  that  there  is  no  incumbrance  on  said  lai 
in  his  office  of  which  he  has  any  knowledge.     The  applicant  shall  also, 
such  case,  execute  to  the  State  of  Indiana,  for  the  benefit  of  the  commc 
school  fund,  a  bond  with  one  or  more  freehold  sureties  to  the  approval  of  tl 
auditor,  conditioned  for  the  payment  of  so  much  of  the  loan  as  may  be  k 
by  reason  of  any  incumbrance  or  lien  upon  the  land  which  was  evidenced 
the  records,  books  or  papers  in  the  clerk's  office  which  have  been  destroyc 
(§6245.) 


SCHOOL    LAWS    OF    INDIANA  231 

mit  of  Amount.  83.  The  sum  loaned  shall  not  exceed  one-half 
of  t  e  appraised  value  of  the  premises  proposed  to  be  mortgaged,  clear  of  all 
peri  huhle  improvements:  Prodded,  That  where  such  premises  are  situated 
in  j  county  other  than  that  in  which  such  fund  may  belong,  the  sum  loaned 
;  thei  ?on  shall  not  exceed  one-fourth  of  the  appraised  value  of  such  premises, 
exc  isive  of  perishable  improvements,  such  value  to  be  determined  by  the 
exi^  ing  laws  of  the  State  of  Indiana.  It  is  hereby  made  the  duty  of  the  board 
of  <  Hiimissioners  of  each  county  of  this  state,  at  their  first  regular  session 
aft*  •  the  taking  effect  of  this  act,  to  appoint  in  each  commissioner's  district 
of  le  county,  three  reputable  freeholders,  any  two  of  whom,  without  the 
con  urrence  of  the  third,  may  act  as  school  fund  appraisers,  whose  duty  it 
sha  I  be,  upon  oath,  to  make  all  the  appraisements  of  lands  in  their  respective 
dis  nets  required  in  this  act  or  in  the  act  of  which  this-is  amendatory.  Said 
api  "aisers,  or  any  of  them,  may  be  removed  and  new  ones  appointed  by  said 
bo;  -d  at  any  regular  er  special  session,  and  m  case  any  of  such  appraisers  is 
at  ny  time  disqualified,  by  reason  of  kinship  or  interest,  from  acting,  the 
apj  raisement  shall  be  made  by  the  other  appraisers,  who,  in  case  of  a  dis- 
agr  semen  t,  shall  select  a  third  appraiser.  Said  apprasiers  shall  receive  the 
sai  e  compensation  for  making  each  appraisement,  and  be  paid  in  the  same 
ma  iner  as  such  appraisers  are  now  paid.  (As  amended.  Acts  1885,  p.  196.) 

[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

503.    Acknowledgments  and  Oaths.    84.    The  auditor  shall  have  the 
po^/'er  to  administer  all  oaths  and  take  all  acknowledgments  required  by 

Ithi.act.    (§6249.) 
504.    Record  of  Mortgages — Priority.    85.    Mortgages  taken  for  such 
loais  shall  be  considered  of  record  from  the  date  thereof,  and  shah1  have 
prnrity  of  all  mortgages  or  conveyances  not  previously  recorded,  and  all 
oil  er  liens  not  previously  incurred,  in  the  county  where  the  land  lies.    (§6250.) 

505.  Auditor's  Duty.    86.    The  auditor  shall  cause  such  mortgages  to 
be  recorded  immediately,  retaining  the  cost  of  recording  out  of  the  money 
bo  rowed.    (§6251.) 

506.  Fees.     108.     The  following  fees  only  shall  be  charged  in  cases  of 
m<  rtgage  for  loans:    To  each  appraiser,  fifty  cents;  for  recording  mortgage, 
on  3  dollar;  for  drawing  mortgage,  one  dollar;  for  making  borrower's  affidavit, 
ten  rents;   for  clerk's  certificate,  fifty  cents;  for  recorder's  certificate  and 
ex;  iimning  title,  each  one  dollar ;  which  shall  be  paid  by  the  borrower.     ( §6256. ) 

507.  Interest  Unpaid — Auditor's  Duty.    87.     On  failure  to  pay  any 
in  talment  of  interest  when  the  same  becomes  due,  the  principal  sum  shall 
f<>  -i h with  become  due  and  payable,  and  the  auditor  may  proceed  to  collect 
tli    same  by  suit  on  the  note,  or  by  sale  of  the  mortgaged  premises.    He  may 
sil •  o.  by  suit,  reeover  the  possession  of  the  mortgaged  premises  before  sale 
tli  Teof;  and  In-  shall,  on  the  fourth  Monday  in  March,  annually,  offer  for 

|  sale  all  mortgaged  hind  on  which  payments  of  interest  are  due  on  the  first 
by  of  January  and  unpaid  on  the  day  of  sale.     (§6260.) 


232 


SCHOOL    LAWS    OF    INDIANA 


[Acts  1885,  p.  195.    Approved  April  11,  1885.] 

508.  Collection  on  Default.    4.    It  shall  be  the  duty  of  the  auditor  of 
each  county,  in  case  default  shall  be  or  has  been  made  in  the  payment  of 
principal  or  interest  of  any  school  fund  loan,  to  at  once  proceed  to  enforce 
the  collection  of  such  principal  or  interest,  as  the  case  may  be;  and  any  auditor 
who  shall  fail  or  refuse  to  comply  with  the  requirements  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  in 
any  sum  not  exceeding  one  thousand  dollars.     (§6261.) 

[Acts  1865,  p.  3.     Approved  March  6,  1865.] 

509.  Fund  to  be  Specified.    88.    The  mortgage  may  be,  in  substance, 
as  follows:  And  the  auditor  shall  specify  therein  whether  the  same  belongs  to 
the  common  school  fund  or  to  the  congressional  township  fund,  and,  if  the 
latter,  the  particular  township  or  townships  whose  funds  are  thus  loaned. 
(§6262.) 

1.  OMISSION  TO  SPECIFY.  The  omission  to  state  the  particular  fund  does  not 
render  the  mortgage  void. — Beneflel  v.  Aughe,  93  Ind.  401,  407;  Ellis  v.  State,  2  Ind. 
262. 

510.  Form  of  Mortgage.    89.     I,  A.  B.,  of  the  county  of ,  in  the 

State  of  Indiana,  do  mortgage  to  the  State  of  Indiana,  for  the  use  of  [here 
describe  the  fund  out  of  which  the  loan  was  made]  all  [here  describe  the  land], 
for  the  payment  of  —    —  dollars,  with  interest  at  the  rate  of  eight  per  cent 
per  annum,  payable  annually  in  advance,  according  to  the  conditions  of  the 
note  hereto  annexed.    (§6263.) 

1.  CONSTRUCTION.  For  cases  on  school  mortgages,  see  Burk  v.  Axt,  85  Ind.  512; 
Nolan  v.  State,  115  Ind.  529. 

511.  Form  of  Note.    90.    The  note  accompanying  the  same  may  be 
substance  as  follows,  towit:    I,  A.  B.,  promise  to  pay  to  the  State  of  Indium 
for  the  use  of  [here  recite  the  particular  fund],  on  or  before ,  the  sum 

-  dollars,  with  interest  thereon  at  the  rate  of  eight  per  cent  per  annul 

in  advance,  commencing  on  the  —    —  day  of ,  18 — ;  and  do  agree  that 

in  case  of  failure  to  pay  any  instalment  of  interest  when  the  same  shall 
come  due,  the  principal  sum  shall  become  due  and  payable,  together  with 
arrears  of  interest;  and  on  failure  to  pay  such  principal  or  interest  when 
two  per  cent  damages  shall  be  collected,  with  costs,  and  the  premises  moi 
gaged  may  be  sold  by  the  county  auditor  for  the  payment  of  such  princij 
sum,  interest,  damages  and  costs.     (§6264.) 

1.  NOTE  NOT  SIGNED.     A  mortgage  executed  to  secure  a  note  attached  to  it 
binding,  though  the  note  is  not  signed;  and  there  is  no  error  in  allowing  the  note  to 
read  in  evidence,  it  being  a  part  of  the  mortgage. — McFadden  v.  State,  82  Ind.  558. 

2.  ILLEGAL  FEES.     As  to  attorney  fees  charged  for  collecting  a  note,  see  Coleim 
v.  Goben,  16  App.  346. 

[Acts  1913,  p.  943.] 

512.  Schools — Renewal    of   School    Fund    Mortgages — Duties 
Auditor.     1.     That  all  mortgagors  of  the  common  school,  congressionj 
school  and  permanent  endowment  funds,  held  in  trust  by  their  respecti 
counties  wherein  such  mortgage  exists,  shall,  at  the  expiration  of  five  ( 
years  from  the  date  of  the  original  loan,  be  required  to  give  notice  to  th 


SCHOOL    LAWS    OF    INDIANA  233 

said  auditor  of  said  county  that  they  desire  to  continue  such  loan.  That 
upo;  the  receipt  of  such  notice,  the  auditor  shall  notify  the  appraisers  of  the 
dist  ict  wherein  such  mortgaged  premises  are  located,  who  shall  proceed  to 
viev  and  appraise  such  mortgaged  premises,  and  shall  upon  oath  fix  the  actual 
casl  value  thereon,  without  regard  to  the  amount  of  the  present  existing  1<  a*i. 
If  t:  e  said  mortgaged  premises  are  reappraised  at  an  amount  equal  to  double 
the  imount  of  the  loan,  it  shall  be  so  recorded  by  said  auditor,  which  said 
pro  edure  shall  be  sufficient  for  a  further  continuation  of  such  mortgaged 
sch  ol  loan  for  the  period  of  five  (5)  years  from  the  expiration  of  the  said 
oru  inal  loan:  Provided,  however,  That  if  the  second  appraisement,  made  for 
the  purpose  of  said  continuation,  be  not  sufficient,  and  is  lees  than  double 
the  amount  of  the  original  loan,  such  mortgagor  shall  pay  into  the  treasury 
a  s  ifficient  sum  to  reduce  said  loan  to  one-half  of  said  appraisement.  The 
cos  ,  for  said  renewal  shall  be  fifty  (50)  cents  each  to  the  appraisers,  and  fifty 
(5(  )  cents  to  said  auditor  for  recording  said  continuation.  (§6261a.) 

513.  Warrant  to  Borrower.     91.     On  making  a  loan  of  any  fund  the 
an  .itor  shall  draw  his  warrant  m  favor  of  the  borrower,  upon  the  county 
tn  isurer,  who  shall  charge  it  to  the  proper  fund.    (§6265.) 

514.  Payments — Quietus.     92.     All  loans  refunded  and  all  interest 
sh  11  be  paid  to  the  county  treasurer,  and  his  receipt  shall  be  filed  with  the 
co  mty  auditor,  who  shall  give  the  payer  a  quietus  therefor,  and  make  proper 
en  ,ries.    (§6266.) 

515.  Indorsements  and  Satisfaction.    93.    Whenever  the  amount  due 
on  any  mortgage  shall  be  paid,  and  the  treasurer's  receipt  therefor  filed,  the 
auditor  shall  indorse  on  the  note  and  mortgage  that  the  same  has  been  duly 
sa  ,isfied,  and  surrender  the  same  to  the  person  entitled  thereto;  and,  on  pro- 
di  ction  of  the  same  thus  indorsed,  the  recorder  shall  enter  satisfaction  upon 
the  record.    (§6267.) 

(Acts  1915,  p.  76.     Approved  March  2,  1915. J 

516.  Preamble.    Whereas,  Divers  laws  appear  among  the  acts  of  the  gen- 
eral assemblies  of  this  state  relative  to  the  loaning  of  congressional  township 
sc  hool  funds,  originating  under  the  act  entitled,  "An  act  to  authorize  the  sale  of 
tl.e  school  lands  and  for  other  purposes,"  approved  January  23,  1829,  which 
p 'ovided  for  the  loaning  of  the  said  funds  by  the  school  commissioner  to  be 
c]ected  in  each  county,  and  later  such  congressional  township  school  funds, 
by  local  or  special  acts,  were  authorized  to  be  made  by  the  congressional 
township  treasurer,  congressional  township  trustees  and  the  county  treasurer 
:i  -ting  as  school  commissioner,  until  the  abolishment  of  such  office  provided 
f  >r  in  an  act  entitled^  "An  act  to  increase  and  extend  the  benefits  of  common 
schools,"  approved  January  17,  1849;  and 

Whereas,  Such  loans  were  made  by  mortgage  upon  lands  or  lots  situate 
\  ithin  the  county  for  which  such  school  commissioner  was  elected,  and  pro- 
^  ided  for  a  forfeiture  of  such  mortgaged  lands  or  lots  in  the  case  that  the 
interest  was  not  paid  in  advance  by  proceedings  in  the  circuit  court  of  such 
county;  all  of  such  proceedings  appear  of  record  on  the  dockets  of  the  clerk 
of  such  circuit  court;  and 


H 


234 


SCHOOL    LAWS    OF    INDIANA 


Whereas,  Many  congressional  township  fund  mortgages  appear  unsatis- 
fied during  the  period  between  January  23,  1829,  and  January  17,  1849, 
affecting  the  titles  of  the  present  innocent  holders,  for  which  they  should  have 
relief,  for  remedy  whereof: 

517.  Schools — Mortgages  on  Lands — Clerk  of  Court — Satisfaction 
of  Judgments.     1.     That  the  certificate  of  the  clerk  of  the  circuit  court 
having  jurisdiction  over  the  lands  or  lots  where  such  unsatisfied  mortgage 
appears,  that  he  has  examined  the  judgment  dockets  for  the  period  covered 
from  the  date  of  such  loan  to  November  1,  1851,  the  date  of  adoption  of  the 
second  constitution  of  the  State  of  Indiana  and  that  there  being  no  forfeiture 
of  the  land  or  lot  so  mortgaged,  shall,  when  recorded  on  the  page  of  such 
recorded  mortgage  be  deemed  a  full  satisfaction  of  same. 

518.  Suit  for  Deficiency.    94.    In  all  cases  where  the  mortgaged  prem- 
ises shall  fail  to  sell  for  a  sum  sufficient  to  satisfy  the  principal  and  interest 
of  the  loan  made,  and  the  damages  accrued  by  reason  of  such  failure,  and  costs, 
the  county  auditor  shall  bring  suit  on  the  notes  executed  by  the  mortgagor; 
and  whenever  judgment  shall  be  rendered  thereon,  no  appraisement  of  prop- 
erty shall  be  allowed  on  execution  issued  on  such  judgment.    (§6269.) 

519.  Notice  of  Sales.    95.    Before  sale  of  mortgaged  premises,  the  audit- 
or shall  advertise  the  same  in  some  newspaper  printed  in  the  county  where 
the  land  lies,  if  any  there  be  (otherwise,  in  a  paper  in  the  state  nearest  thereto), 
for  three  week's  successively,  and,  also,  by  notice  set  up  at  the  court  house 
door  and  at  three  public  places  in  the  township  where  the  land  lies.    (§6270.) 

520.  Manner  of  Sale— Surplus.    96.    At  such  sale  (which  shall  be  held 
at  the  court  house  door),  the  auditor  shall  sell  so  much  of  the  mortgaged 
premises,  to  the  highest  bidder,  for  cash,  as  will  pay  the  amount  due  for  prin- 
cipal, interest,  damages  and  costs.     When  less  than  the  whole  tract  mort- 
gaged, shall  be  sold,  the  quantity  sold  shall  be  taken  in  a  square  form,  as 
nearly  as  possible,  off  the  northwesterly  corner  of  said  tract;  and  when  less 
than  the  Avhole  of  any  in-lot  or  out-lot  of  any  town  or  city  shall  be  sold,  the 
part  sold  shall  be  laid  out  and  taken  off,  so  that  it  shall  extend  from  the  main 
or  principal  street  or  alley  on  which  the  said  lot  fronts,  to  the  rear  thereof, 
to  divide  the  same  by  a  line  as  nearly  parallel  with  the  boundaries  of  said  lot 
as  practicable,  and  if  less  than  the  whole  is  sold,  the  auditor,  in  his  notice  of 
sale,  shall  indicate  off  of  which  side  or  end  of  said  lot  the  part  to  be  sold  shall 
be  taken;  and  if  more  than  one  tract  of  land  in  included  in  the  mortgaged 
premises,  the  auditor  shall  elect  which  tract  or  tracts  shall  be  sold,  saving 
to  the  mortgagor,  if  practicable,  the  tract  on  which  his  house  is  located. 
If  a  tract  of  land  so  mortgaged,  and  liable  to  be  sold  to  satisfy  the  mortgage, 
can  not  be  divided  without  materially  diminishing  the  value  of  such  tract; 
or  if  any  in-lot  or  out-lot  be  indivisible  by  reason  of  extensive  buildings  or 
other  improvements  thereon,  the  auditor  may  sell  the  whole  thereof,  and, 
after  paying  the  amount  due  for  principal,  interest,  damages,  and  costs,  out 
of  the  purchase  money,  shall  pay  the  balance,  if  any,  to  the  mortgagor;  and 
if  the  auditor  sell  any  part  of  a  tract  of  land,  out-lot  or  in-lot  for  more  than 
the  amount  of  principal,  interest,  damages  and  costs,  the  excess,  if  any, 
shall  be  paid  to  -the  mortgagor.    (§6271.) 


SCHOOL    LAWS    OF    INDIANA  235 


uditor's  Bid.  97.  In  case  of  no  bid  for  the  amount  due,  the 
auci  tor  shall  bid  in  the  same  on  account  of  the  fund,  and,  as  soon  thereafter 
as  i  .ay  be,  shall  sell  the  same — having  first  caused  it  to  be  appraised  by  three 
disi  iterested  freeholders  of  the  neighborhood — upon  the  following  terms, 
viz  :  One-third  cash  in  hand,  and  the  balance  in  four  equal  instalments, 
du«  in  one,  two,  three  and  four  years,  respectively,  from  the  day  of  sale, 
be*  'ing  interest  at  six  per  cent  per  annum,  payable  annually  in  advance; 
bu  no  such  sale  shall  be  for  a  less  sum  than  the  appraised  value  thereof. 
(§(  172,  as  amended,  Acts  1889,  p.  314.) 

322.  Sale  of  Lands  Bid  in.  98.  Lands  heretofore  bought  in  on  account 
of  he  fund,  which  have  been  appraised,  shall  be  sold  in  like  manner;  and  if, 
up  >n  sale  of  any  such  land,  a  sum  is  realized  which  is  more  than  sufficient  to 
pa  the  principal,  interest,  damages  and  costs,  the  overplus  shall  be  paid  to 
th<  original  mortgagor,  his  heirs  or  assigns,  when  collected.  (§6273.) 

523.  Deed  by  Auditor.    99.    Upon  full  payment  being  made  for  such 
lai  ds,  the  deed  therefor  shall  be  executed  by  the  county  auditor,  and  shall 
be  entered  in  the  record  of  the  board  of  county  commissioners  before  delivery. 

(§  -282.) 

524.  Statement  of  Sales.     100.    At  the  public  sale  at  the  court  house 
dc  Dr  provided  for  in  this  act,  the  county  treasurer  shall  also  attend,  and  make 
a    tatement  of  such  sales,  which  shall  be  signed  by  the  auditor  and  treasurer, 
ai  il  after  being  recorded  in  the  auditor's  office  shall  be  filed  in  the  treasurer's 
of  ice;  and  such  record,  or  a  copy  thereof,  authenticated  by  the  auditor's 
01  treasurer's  certificate,  shall  be  received  as  evidence  of  the  matters  con- 
tained therein.    (§6283.) 

1.  STATEMENT  SIGNED.  This  statement  must  be  signed  by  both  auditor  and 
(r  'usurer,  or  the  sale  will  be  void. — Arnold  v.  Gaff,  58  Ind.  543;  Beneflel  v.  Aughe, 
9i  Ind.  401. 

525.  Title  in  State  Without  Deed.     101.    When  any  land  is  laid  [bid] 
of  by  the  auditor  at  such  sale,  no  deed  need  be  made  therefor  to  the  state; 
b  it  the  statement  of  such  sale,  and  the  record  thereof,  shall  vest  the  title 
in  the  state,  for  the  use  of  the  proper  fund.     (§6284.) 

[Acts  1899,  p.  55.     Approved  February  17,  1899.] 

526.  Conveyance  to  County.    1.    In  cases  where  lands  have  been  mort- 
gaged to  tin-  common  school  fund  or  congressional  school  fund,  and  there  is 
;i  default  in  the  payment  of  the  interest,  or  the  interest  and  principal,  and 
the  auditor  is  unable  to  soil  such  lands  for  a  sum  sufficient  to  pay  such  loan, 
.  -  provided  by  law,  and  the  county  shall  pay  the  same  to  said  school  fund, 
ihe  hoard  of  commissioners  may  in  regular  or  special  session,  if  it  is  for  the 
best  interest  of  the  county  in  the  reimbursement  of  its  general  fund,  accept, 
in  the  name  of  the  county,  a  conveyance  of  said  land  from  the  owners  and 

ake  possession  thereof.    (§6274.) 

.">27.    Suit  to  Foreclose.    2.    That  in  cases  where  lands  mortgaged  to  the 

•omnion  school  fund  or  con«_rri's<ional  school  fund  have  been  olTetvd  t'or  sale 
and  bought  by  the  auditor  on  account  of  the  fund,  and  has  been  reoffered 
t'or  sale  and  no  l.id  received  sufficient  to  pay  the  principal,  interest,  damages 


236  SCHOOL    LA'WS    OF    INDIANA 

and  costs  accrued  on  said  loan,  as  otherwise  provided  by  law,  and  the  county 
shall  pay  the  same  to  said  school  fund,  the  lien  which  the  state  has  by  rea- 
son of  said  mortgage,  or  said  prior  bid  by  the  auditor  on  account  of  the 
fund,  shall  inure  to  the  benefit  of  said  county,  and  in  such  case  the  auditor 
may  proceed  to  collect  the  amount  due  the  county,  by  suit  foreclosing  such 
lien  and  recovering  a  personal  judgment  against  the  makers  of  said  mortgage, 
or  by  either  form  of  action,  for  the  amount  due  the  county,  and  he  may  also 
in  same  suit  recover  the  possession  of  the  mortgaged  premises  and  quiet  title 
thereto,  and  ad  liens  and  rights  against  the  land  may  be  adjusted  as  in  other 
equitable  actions;  and  the  same  relief  may  also  be  given  in  suits  to  foreclose 
such  mortgages.  All  such  sales  shall  be  ordered  without  relief  from  valuation 
or  appraisement  laws,  and  shall  be  absolute  and  the  purchaser  immediately 
entitled  to  a  conveyance.  ( §6275.) 

528.  Purchase  by  County.    3.    The  board  of  commissioners,  when  the 
county  in  either  case  has  paid  the  principal  and  interest  due  such  school  fund 
for  the  purpose  of  reimbursing  the  county,  if,  in  the  opinion  of  the  board, 
it  shall  be  to  the  best  interest  of  the  county,  may  cause  the  land,  which  has 
been  ordered  sold  in  such  decree  of  the  court,  to  be  purchased  at  such  judi- 
cial sale  in  the  name  of  the  county  for  any  price,  or  any  maximum  price  it 
may  fix,  not  in  any  case  exceeding  the  full  amount  of  the  principal,  interest, 
cost  and  accrued  costs  due  on  such  decree  at  the  date  of  such  sale.     The 
officer  making  the  sale  shall  execute  a  deed  to  the  county  for  such  real  estate. 
(§6276.) 

529.  Lease  of  Land  Purchased.    4.     The  board  of  commissioners  may 
lease  the  real  estate  acquired  under  this  act  for  a  period  not  exceeding  one 
year  at  a  time  upon  such  terms  as  the  board  may  fix  until  the  same  shall  be 
sold,  that  said  lease  shall  be  in  writing,  approved  by  said  board  and  spread 
upon  its  record.     The  auditor  shall  be  authorized  to  collect  such  rents,  and 
if  in  kind  sell  the  same  in  the  markets  and  pay  the  proceeds  to  the  county 
treasurer  as  a  part  of  the  general  fund.    (§6277.) 

530.  Sale  of  Land. — Appraisement.    5.    The  board  of  commissioners, 
at  any  regular   or   special   session,  shall  order  such  real  estate  to  be  sold 
by  the  auditor  at  his  office  at  public  or  private  sale,  such  order  shall  fix  the 
terms  of  sale,  which  may  be  in  cash,  or  by  instalments  with  interest  and  such 
security  as  the  board  may  require,  such  credits  may  extend  through  a  period 
of  not  longer  than  five  years.    Before  making  such  sale  the  auditor  shall  cause 
the  land  to  be  appraised  by  three  freeholders  of  the  county  acquainted  with 
the  land  and  who  shall  be  sworn  to  honestly  and  impartially  appraise  the  land 
at  its  fair  cash  value,  which  oath  shall  be  indorsed  on  the  appraisement. 
The  auditor  shall  advertise  such  sale,  giving  a  description  of  the  real  estate 
to  be  sold  and  the  terms  of  sale  as  ordered  by  the  board,  for  at  least  thirty 
days  in  some  newspaper  of  the  county  and  by  posting  at  least  five  notices 
in  the  township  where  the  land  is  situated  and  one  at  the  court  house  of  the 
county.    Such  real  estate  shall  not  be  sold  for  less  than  the  appraised  value. 
The  board  may,  if  no  sale  is  made  within  reasonable  time,  at  any  time  there- 
after, order  a  reappraisement  or  change  the  terms  of  such  sale  by  giving  further 
notice  in  the  same  manner  as  hereinbefore  provided,    Proof  of  notice  and  the 


1 


SCHOOL    LAWS    OF    INDIANA  237 

ap  raisement  must  be  filed  with  the  auditor.  When  such  sale  shall  have  been 
m<  le  the  auditor  shall  report  the  same  at  the  next  regular  session  of  the  board. 
Ol  ections  may  be  filed  within  three  days  from  the  first  day  of  the  term  at 
wl  ch  such  sale  is  reported  by  any  taxpayer  or  person  interested,  and  such 
ol  ections  shall  be  heard  and  determined  by  the  board.  A  resale  may  be  or- 
dt  ed,  when  all  objections  have  been  determined,  or  if  there  is  no  objection  to 
su  h  sale  the  board  of  commission*  r-  shall  approve  the  sale.  If  the  sale  is 
b;  instalments  the  purchaser  shall  be  entitled  to  a  certificate  of  such  pur- 
cl  tse  and  the  possession  of  the  land.  Such  certificate  may  be  assigned  and 
tl  i  deferred  payments  may  be  made  with  the  interest  accrued  thereon  before 
Ti  tturity;  upon  final  payment  of  the  purchase  money  the  board  of  commis- 
si  ners  shall  execute  a  deed  to  said  purchaser  or  his  assignee  for  such  real 
e^  .ate.  The  money  derived  from  such  sale  shall  be  paid  to  the  county  treas- 
u  er  as  a  part  of  the  general  fund.  (§6278.) 

531 .  Deeds.    6.    The  auditor  shall  cause  the  deeds  executed  to  the  county 
u  ider  the  provisions  of  this  act  to  be  recorded  in  the  recorder's  office  of  the 
c  unty.    (§6279.) 

532.  Sales  Legalized.    7.    Any  sales  or  conveyances  made  to  any  county 
i     this  state  before  the  taking  effect  of  this  act  are  hereby  legalized,  and  the 
t  tie  to  any  such  real  estate  is  declared  to  be  fully  vested  in  such  county  by 
s  ich  conveyance.    ( §6280. ) 

533.  Act  Supplemental.     8.     This  act  shall  not  amend,  modify  or 
r3peal  any  law  now  in  force  concerning  the  management,  loan  and  sale  of 
i  aal  estate  on  account  of  any  school  fund,  but  it  shall  be  an  additional  pro- 
^  ision  for  the  collection  of  such  fu  nds,  and  the  reimbursement  of  the  counties 
( ntrusted  therewith.    (§6281.) 

[Acts  1901,  p.  544.    Approved  March  11,  1901.] 

531.  Satisfaction  of  Mortgages.  1.  Whereas,  there  are  a  large 
lumber  of  school  fund  mortgages,  which  appear  unsatisfied  of  record  in  the 
•ecorder's  office  in  the  various  counties  of  the  State  of  Indiana,  which,  in 
n  paid,  the  auditor  of  any  county  in  the  State  of  Indiana, 
where  such  mortgaged  lands  are  situated,  when  requested  by  the  mortgagor 
or  owner  of  flic  lands  so  mortgaged,  shall  make  an  examination  of  the  ledgers 
or  ot !  Is  of  his  office,  and  compare  such  records  with  the  receipts  of 

money-  for  school  fund  mortgages,  in  the  treasurer's  office  of  such  county, 
and  if,  upon  such  examination  and  comparison,  and  all  facts  known  to  him, 
or  that  conic  1o  his  knowledge,  he  finds  that  such  mortgage  or  mortgages 
appearing  in  the  recorder's  office  of  such  county  as  unsatisfied  of  record,  have, 
in  fact  been  paid,  such  auditor  of  such  county,  where  such  mortgaged  lands 
are  situated,  shall  make  entry  of  satisfaction  upon  the  margin  of  the  record 
in  the  recorder's  office,  showing  the  san>e  to  have  been  paid,  for  which  services 
the  mortgagor  or  owner  of  such  lands  shall  pay  to  the  auditor  a  fee  of  twenty- 
five  cents,  and  also  pay  to  the  recorder  his  fee  provided  for  releasing  mort- 
gages. (§6268.) 

[Acts  1865.  p.  3.     Approved  March  6,  1865.] 

535.     Annual   Report.     103.     County  auditors  and  county  treasurers 
shall  annually  report,  in  writing,  to  the  boards  of  county  commissioners  of 


238  SCHOOL    LAWS    OF    INDIANA 

the  respective  counties,  at  the  June  sessions  of  said  boards  relative  to  the 
school  fund  held  in  trust  by  said  counties,  distinguishing  in  said  reports  be- 
tween the  congressional  township  and  common  school  funds;  indicating  the 
amounts  thereof;  the  additions  to  them  within  the  current  year  then  ending; 
the  sources  from  whence  such  additions  are  derived;  the  condition  of  them 
as  to  their  safety,  giving  the  amount  thereof  safely  invested,  unsafely  invested 
and  uninvested,  and  loss  at  the  date  of  said  reports;  giving  also  the  amount  of 
interest  collected  upon  said  funds  within  the  year  then  ending,  and  the  amount 
then  due  and  unpaid.  (§6285.) 

536.  Duty  of  Boards.    104.    The  boards  of  county  commissioners  shall, 
annually,  at  their  June  sessions,  in  the  presence  of  the  auditors  and  treasurers, 
examine  said  reports,  the  accounts,  and  proceedings  of  said  officers  in  relation 
to  said  funds,  and  the  revenue  derived  from  them.    They  shall  compare  with 
said  reports,  the  cash,  the  notes,  mortgages,  records,  and  books  of  said  officers, 
with  a  view  to  ascertain  the  amount  of  said  funds  and  their  safety;  and  to  do 
whatever  may  be  necessary  to  secure  their  preservation  and  the  prompt 
payment  of  the  annual  interest  thereon  as  the  same  becomes  due ;  and  make 
up  to  said  fund  losses  which  have  accrued  or  may  accrue.    (§6286.) 

1.  SUIT.  An  action  may  be  brought  in  the  name  of  the  State  on  relation  of  the 
board  of  county  commissioners  to  recover  congressional  school  funds. — Groves  v. 
State,  9  Ind.  200;  Butler  Rogers  v.  Gibson,  15  Ind.  218. 

537.  Board's  Report.     105.     Each  board  of  county  commissioners,  at 
said  session,  shall  make  out  a  report,  in  writing,  of  the  result  of  such  examina- 
tion, showing — 

First.    The  amounts  of  said  funds  at  the  close  of  last  year. 

Second.    The  amount  added  from  the  sale  of  land  within  the  year. 

Third.  The  number  of  acres  of  unsold  congressional  township  school 
lands,  and  the  approximate  value  thereof. 

Fourth.    The  amount  added  from  fines  and  forfeitures. 

Fifth.    The  amount  added  by  the  commissioners  of  the  sinking  fund. 

Sixth.    The  amount  added  from  all  other  sources. 

Seventh.    The  total  amount  of  the  funds.     • 

Eighth.    The  amount  refunded  within  the  year. 

Ninth.    The  amount  reloaned  within  the  year. 

Tenth.    The  amount  safely  invested. 

Eleventh.    The  amount  unsafely  invested. 

Twelfth.    The  amount  uninvested. 

Thirteenth.    The  amoun  t  of  fund  lost  since  1842. 

Fourteenth.    The  amount  of  interest  collected  within  the  year. 

Fifteenth.    The  amount  of  interest  delinquent. 

And  in  such  report  said  board  shall  distinguish  between  the  congres- 
sional township  fund  and  the  common  school  fund;  and  in  its  account  of 
the  interest  or  revenue  derived  from  said  funds,  it  shall  observe  the  same 
distinction.  (§6287.) 


SCHOOL    LAWS    OF    INDIANA  239 

isposition  of  Report.  106.  Such  report  shall  be  entered  on  the 
rec  -rds  of  said  board;  and  copies  thereof,  signed  by  the  members  of  the 
bo;  rd,  the  auditor,  and  treasurer,  shall  be  transmitted  to  the  auditor  of  state 
an<  the  superintendent  of  public  instruction.  (§6288.) 

539.  Apportionment  of  Loans.     152.     Where  the  whole  of  the  school 
fui  ds  of  a  county  have  been  loaned  the  auditor  shall  apportion  to  each  con- 
gr<  ssional  township  a  sufficient  number  of  mortgages  to  cover  the  principal 
of   ts  congressional  township  fund;  and  where  a  part  of  the  school  funds  only 
ar>    loaned  the  auditor  shall  so  apply  a  proportional  amount;  and  the  cash 
on  hand,  when  loaned,  shall  be  for  the  benefit  of  the  congressional  townships, 
re  pectively,  to  the  amount  of  the  entire  principal  of  its  congressional  town- 
si]  p  fund;  and  in  all  loans  made  after  the  taking  effect  of  this  act  the  note 
ai  i  mortgage  shall  specify  the  particular  fund  borrowed.    (§6289.) 

[Acts  1879,  p.  102.    Approved  March  29,  1879.] 

540.  Miscellaneous  School  Fund  Account.     1.     It  shall  be  the  duty 
ol  the  auditor  in  each  county  to  open  an  account  with  the  congressional  town- 
si  ip  school  fund,  to  be  styled  the  "miscellaneous  school  fund  account." 
1 1  •  shall  transfer  to  said  account,  from  each  township  account,  all  sums  on 
h  ,nd  at  any  time  when  a  loan  is  solicited  (provided  the  aggregate  sums  will 
e<  ual  the  amount  sought  to  be  borrowed),  and  may  lend  such  combined  sums 
ii    one  loan;  which  loan  shall  be  numbered  in  consecutive  order,  and  the 
s<  curities  shall  each  and  all  be  indorsed  with  the  number  as  "Miscellaneous 
1  oan  No.  — ,"  as  the  number  may  be;  and  he  shall  enter  in  the  miscellaneous 
a  ;count,  on  the  debit  side,  separately,  the  sums  taken  from  the  account  of 
fie  several  townships,  so  as  to  show  the  corresponding  number  of  the  loan, 
aid  credit  the  several  township  accounts  with  the  same  sum  and  the  like 
n  umber  of  loan.    Thence  on,  as  interest  accrues  and  is  paid  in  on  such  loan, 
\  c  shall  debit  the  several  township  accounts  with  the  pro-rata  portion  of  such 
i  iterest  accruing  to  each ;  and  when  such  loan  is  paid  he  shall  distribute  back 
ti  the  township  accounts  the  several  sums  originally  transferred  from  each 
a  nd  debit  the  miscellaneous  account  accordingly,  and  balance  and  close  said 
account  as  to  said  loan.     In  all  tin-  entries  throughout  he  shall  keep  each 
(ntry  identified  by  tin-  proper  number  belonging  to  that  loan,  and  so  of  each 
<  ombined  inisiTlhmeous  loan,  as  contemplated  in  this  act.     (§6290.) 

.">ll.  IH-i  rilmt  ion  and  Report.  2.  In  all  cases  where  distribution  is 
nade  of  tin-  school  funds  under  the  law  now  in  force  it  shall  include  all  money 
>n  hand,  or  which,  according  to  law,  should  be  on  hand,  not  exceeding  the 
nt crest  on  loans  for  one  year,  which  shall  be  distributed  in  full,  and  no  portion 
shall  be  omitted  or  retained;  and  the  report  made  by  the  auditor  shall  show 
fully  the  amount  actually  on  hand,  as  required  and  contemplated  by  law, 
(1  *hi>\v  the  distribution  of  the  same  in  full.  (§6291.) 


.~>ti>.  IViiult\  \u:iin-t  \tiditfir.  .'{.  If  any  auditor  fail  or  refuse  to 
distribute  and  report  such  fund  in  full,  as  required  by  this  act.  ho  shall  be  liable 
to  an  action  on  his  official  bond.  The  superintendent  of  public  instruction 
shall  direct  that  action  bo  brought  upon  the  official  bond  of  such  defaulting 
auditor,  and  the  prosecuting  attorney  of  the  proper  county  >hall  bring  such 
action.  On  finding  against  such  auditor,  judgment  shall  be  entered  for  the 


n 


240  SCHOOL    LAWS    OF    INDIANA 

sum  so  omitted  by  him  to  be  distributed,  with  damages  of  20  per  cent 
thereon,  which  shall  be  for  the  use  and  benefit  of  the  fund  so  omitted  to  be 
distributed.  (§6292.) 

[Acts  1905,  p.  25.     Approved  February  21,  1905.] 

543.  School  Funds — Expense  in  Making  Loans.  1.  The  county 
commissioners  of  any  county  in  the  state,  may  at  their  discretion,  at  any 
regular  meeting  of  their  own  board,  order  that  their  county  shall  bear  any  or 
all  the  expense  of  appraisers,  abstract  of  title  and  recording  mortgage  in 
making  any  or  all  loans  of  school  funds.  Thereafter,  so  long  as  such  order  is 
in  effect,  the  county  auditor  shall  meet  the  expenses  covered  by  it  in  the  same 
manner  that  he  does  other  expenses  incurred  by  the  county:  Provided,  That 
such  expense  shall  not  exceed  one  per  cent  of  such  loan,  but  such  expense  shall 
not  be  paid  unless  loan  be  made.  (§6257.) 

544. .  Repeal  of  Order.  2.  At  any  subsequent  regular  meeting  of  said 
board  the  commissioners  may,  at  their  discretion,  repeal  any  part  or  ail  of 
such  order  or  orders.  (§6258.) 

545.  Appropriations — County  Council.     3.     When  such  orders  shall 
exist  the  county  council  shall  take  them  into  consideration  in  making  their 
regular  appropriations.    ( §6259. ) 

[Acts  1911,  p.  149.     Approved  March  2,  1911.] 

546.  Real  Estate    Sales  Legalized.     1.    That  in  all  cases  where  lands 
have  been  mortgaged  to  the  State  of  Indiana  for  the  use  of  either  the  common 
school  fund  or  the  congressional  township  school  fund  and  the  mortgage 
foreclosed  by  decree  of  any  court  of  competent  jurisdiction  and  the  land  bid 
in  by  the  county  auditor  on  account  of  the  fund  for  the  use  of  which  such 
mortgage  was  made;  and  the  same  lands  have  thereafter  been  sold  by  such 
county  auditor  for  a   sum  equal  to  or  greater  than  the  full  amount  of 
principal,  interest,  penalty  and  costs  then  due  under  such  mortgage,  but 
without  an  appraisement  of  said  lands  having  been  made  as  required  by  law 
and  entered  of  record  in  said  auditor's  office;  and  such  purchase  price  has 
been  paid  in  full  and  such  sale  allowed  to  stand,  without  question  by  the  state, 
for  as  many  as  twenty  years  next  after  the  making  thereof;  such  sale  shall  not 
be  taken  or  held  to  be  invalid  for  want  of  an  appraisement  of  such  lands 
prior  to  the  sale  thereof  as  aforesaid,  nor  for  failure  of  any  such  county  auditor 
to  cause  to  be  entered  in  his  office  a  record  of  the  proceedings  in  such  matter 
leading  up  to  the  execution  by  him  of  the  deed  of  convej^ance  for  such  lands, 
nor  for  any  other  irregularity  or  informality  in  the  manner  of  making  such 
sale;  but  every  such  sale,  so  made  by  any  county  auditor,  shall  be  taken  and 
held  to  be  valid,  and  is  hereby  legalized  and  made  valid,  so  that  the  county 
auditor's  deed  of  conveyance  in  any  such  case,  duly  executed  and  entered  of 
record  in  the  records  kept  in  his  office,  shall  be  effective  to  pass  title  to  the 
lands  described  therein  to  the  grantee  named  therein,  in  as  full  and  complete 
manner  as  if  such  sale  and  conveyance  had  been  made  in  strict  and  exact 
conformity  to  the  laws  then  in  force  authorizing  such  sales  and  prescribing 
the  method  and  manner  of  making  the  same:    Provided,  however,  That  noth- 


in.  contained  in  this  act  shall  in  any  manner  affect  any  pending  litigation  or 
ntle  to  any  lands  involved  in  any  past  litigation  growing  out  of  any  such 
by  any  county  auditor. 

[A6ts  1915,  p.  31.1 

17.  Title  to  Lands— Auditor's  Deed  to  Quiet.  1.  That  whenever 
it  shall  be  made  to  appear  by  proof  to  the  satisfaction  of  any  county  auditor 
of  any  county  in  this  state  that,  by  reason  of  the  destruction  of  any  of  the 
p  blic  records  of  such  county  by  fire,  there  is  a  defect  in  or  a  break  in  the  chain 
o  t  lu- 1  itle  of  the  owner  of  any  lands  in  school  sections  lying  wholly  or  partially 
v*  thin  such  county,  then  such  county  auditor  be  and  is  hereby  authorized 
t<  execute  to  the  owner  of  such  lands  a  quit-claim  deed  correcting  and 
p  rfecting  the  title  of  such  owner  to  such  land  in  so  far  as  such  title  is 
r<  ndered  defective  and  imperfect  by  reason  of  the  destruction  of  such  records 
b  •  fire.  Such  owner  shall  pay  all  the  necessary  expenses  incident  to  the 
e  ecution  of  such  deeds. 

548.      Wills — Public  Bequests — Exempt  from  Taxation.     1.     That 
v  hen  any  money  or  property  is  given  by  will,  or  otherwise,  to  any  executor 

0  •  other  trustee  to  be  by  him  used  and  applied  for  the  use  and  benefit  of  any 
i!  unicipal,  educational,  literary,  scientific,  religious  or  charitable  purpose 
v  ithin  the  State  of  Indiana,  and  the  money  or  property,  if  it  had  been  given 
d  irectly  for  any  such  purpose,  would  not  be  subject  to  taxation  under  exist- 

1  ig  laws,  then  and  in  all  such  cases,  such  money  or  property  shall  be  exempt 
f  -om  all  taxation  while  in  the  hands  of  such  executor  or  other  trustee :    Pru- 
L  'ded,  He  shall  be  diligently  and  in  good  faith  endeavoring  to  carry  out  the 
I  revisions  of  the  will  or  other  trust  arrangement,  and  to  use  and  apply  such 
i  loney  or  property  to  the  purpose  for  which  the  same  is  donated.    And  in 
ill  such  cases  where  any  money  or  property  has  been  assessed  for  taxation 
to  any  executor  or  trustee  for  the  tax  year  1912,  the  taxes  thereon  for  such 
year  are  hereby  declared  to  be  void  and  shall  not  be  collected,  and  for  such 
year  and  all  subsequent  years  such  money  or  property  shall  be  deemed  to 
have  been  and  be  exempt  from  all  taxation.    (§10151a.) 


8654—16 


242 


SCHOOL   LAWS    OF   INDIANA 


CHAPTER  XXIII. 

SCHOOL  INDEBTEDNESS — BONDS  AND  NOTES. 


SEC. 

549.  Bonds  for  school  buildings. 

550.  Use  of  proceeds. 

551.  Special  tax. 

552.  Condition  before  building. 

553.  Surplus  special  school  revenue. 

554.  Schools  cities  and  towns — Refund- 

ing. 

555.  Levy — Sinking  fund — Interest. 

556.  Schools — Cities  and  towns — School 

buildings — School   trustees   may 
issue  evidence  of  indebtedness. 

557.  Tax  to  pay  bonds  and  notes. 

558.  Trustees  give  bond. 

559.  Additional  bond  issue. 

560.  School  boards — Temporary  loans. 

561.  *  Interest — Warrants. 

562.  Cities — Second    class  —  Issue      of 

bonds. 

563.  Bonds  in  series — Time. 

564.  Tax  for  bond  redemption. 

565.  Repeal. 

566.  Bond    issue — Towns    or    cities    of 

1,000  to  5,000. 

567.  Sale — Bond  for  proper  use  of  funds. 

568.  Special  tax. 

569.  Surplus  special  school  revenue. 


SEC. 

570.  Towns  not  over  2,000 — Funds  for 

buildings — Bonds. 

571.  Refunding  bonds. 

572.  Trustee's  bonds. 

573 .  Sale  of  property. 

574.  Special  tax. 

575.  Surplus  special  revenue. 

576.  Towns    not    over    1,000 — Bonds — 

Tax. 

577.  How  construed. 

578.  Township    business — Indebtedness 

— Issue  of  bonds. 

579.  Duties  of  advisory  board. 

580.  School  bonds  and  levies  legalized. 

581.  Acts  of  school  trustees  legalized. 

582.  Manual     training     and     domestic 

science  levies  legalized. 

583.  Erection  of  new  school  buildings — 

Funds. 

584.  Emergency  declared. 

585.  Bonds  authorized. 

586.  Debt  of  civil  and  school  township. 

587.  Tax  levy. 

588.  Expenditure  of  funds. 

589.  Sale  of  bonds. 


[Acts  1873,  p.  60.    Approved  March  11,  1873.] 

549.  Bonds  for  School  Buildings.  1.  Any  city  or  incorporated 
town  in  this  state  which  shall,  by  the  action  of  its  school  trustees  have  pur- 
chased any  ground  and  building  or  buildings;  or  may  hereafter  purchase 
any  ground  and  building  or  buildings;  or  has  commenced,  or  may  hereafter 
commence,  the  erection  of  any  building  or  buildings  for  school  purposes; 
or  which  shall  have,  by  its  school  trustees,  contracted  any  debts  for  the 
erection  of  such  building  or  buildings,  or  the  purchase  of  such  ground  and 
building  or  buildings;  or  such  trustee  shall  not  have  the  necessary  means 
with  which  to  complete  such  building  or  buildings,  or  to  pay  for  the  purchase 
of  such  ground  and  building  or  buildings,  or  pay  such  debt,  may,  on  the 
filing  by  the  school  trustees  of  said  city  or  town  of  a  report,  under  oath,  with 
the  common  council  of  such  city,  or  the  board  of  trustees  of  such  town, 
showing  the  estimated  or  actual  cost  of  any  such  ground  and  building  or 
buildings,  or  the  amount  required  to  complete  such  building  or  buildings,  or 
purchase  such  ground  and  building  or  buildings,  or  the  amount  of  such  debt, 
on  the  passage  of  an  ordinance  authorizing  the  same  by  the  common  council 
of  said  city  or  the  board  of  trustees  of  such  town,  issue  the  bonds  of  such 
city  or  town  to  an  amount  not  exceeding  in  the  aggregate  fifty  thousand 
dollars,  in  denominations  not  less  than  one  hundred  nor  more  than  one 


243 


th  usand  dollars  and  payable  at  any  place  that  may  be  designated  in  the 
be  ids  (the  principal  in  not. less  than  one  year  nor  more  than  twenty  years 
af  er  the  date  of  such  bonds,  aud  tin-  interest  annually  or  seini-annually, 
as  may  be  therein  provided)  to  provide  the  means  with  which  to  complete 
su  h  building  or  buildings,  and  to  pay  for  the  purchase  of  such  ground  and 
hi  Idinjr  or  buildings,  and  to  pay  such  debt.  Such  common  council  or  board 
of  trustees  may,  from  time  to  time,  negotiate  and  sell  as  many  of  such  bonds 
a.-  may  be  necessary  for  such  purpose,  in  any  place  and  for  the  best  price  that 
a  i  be  obtained  therefor  in  cash :  Provided,  That  such  bonds  shall  not  be  sold 
at  a  price  less  than  ninety-four  cents  on  the  dolloar.  (§6560.) 

1.  CONTRACT  FOR  GROUND.  Under  this  section  the  bonds  may  be  issued  although 
tl  trustee  has  only  contracted  for  the  grounds  or  buildings. — Williams  v.  Town  of 
A  >ion.  fix  Ind.329. 

550.  Use  of  Proceeds.  2.  The  proceeds  of  the  sales  of  such  bonds 
si  all  be  paid  to  the  said  school  trustees,  to  enable  them  to  erect  or  complete 
si  ch  building  or  buildings  and  pay  such  debt.  But  before  payment  to  them, 
si  ch  school  trustees  shall  file  with  the  county  auditor  a  bond,  payable  to  the 
S  atr  of  Indiana,  in  a  sum  not  less  than  the  full  amount  of  the  said  money  so 
t<  be  paid  to  them,  and  with  security  to  be  approved  by  said  auditor,  condi- 
t  )iicd  for  the  faithful  and  honest  application  of  such  money  to  the  purpose 
f<  r  which  the  same  was  provided;  and  such  trustees,  and  their  surety  or  sure- 
t  es,  shall  be  liable  to  suit  on  such  bond  for  any  waste,  misapplication,  or  loss 

0  such  money  in  the  same  manner  as  now  provided  for  waste  or  loss  of  school 
revenue.     (§6561.) 

[Acts  1875,  p.  29.    Approved  March  11,  1875.] 

.I.-)!.  Special  Tax.  3.  In  addition  to  levying  the  tax  by  cities  or  in- 
c  >rporaled  towns  for  general  purposes,  now  authorized  by  law,  the  common 
'•  Mincil  of  any  such  cities,  and  boards  of  trustees  of  any  such  incorporated 

1  >wns  as  shall  avail  themselves  of  the  provisions  of  this  act,  are  hereby 

a  tit  hori/ed  and  required  to  levy,  annually,  a  special  additional  tax,  at  the  same 
linn-  and  in  the  same  manner  as  other  taxes  of  such  city  or  town  are  levied, 
MiHicient  to  pay  the  interest  and  principal  of  said  bonds  falling  due;  which 
;  dditional  special  tax  shall  be  assessed  and  collected  as  the  taxes  for  state 
tnd  county  revenue  are  assessed  and  collected.  The  treasurer  of  said  city 
<  r  town  shall  keep  accurate  account  of  the  revenue  arising  from  said  special 
lax.  and  shall  in  his  reports,  when  required  by  the  city  or  town  authorities, 
^how  the  amount  thereof  rect -ived.  the  amount  disbursed,  and  the  amount 
•hereof,  if  any.  remaining  delinquent .  lie  shall  pay  out  the  same  only  by 
he  authority  of  the  common  council  of  said  city  or  board  of  trustees  of  such 
own;  ami  shall  permit  the  same  to  be  applied  to  no  other  purpose  than  the 
wynuMit  of  the  principal  and  in:  nch  bonds;  and  official  bonds  of 

•ity  and  town  trea-un -vs  shall  he  construed  to  cover  and  include  revenue 
trisinir  from  thi-  source.  IVr-on-  n-idini:  outside  of  any  such  city  or  town, 
ind  eleciini:  to  l.e  transferred  to  such  town  or  city  for  educational  purposes, 
>r  who  shall  send  their  children  to  the  school  taught  in  any  such  huilding, 
shall,  with  their  property,  l>e  liable  to  such  tax,  as  if  they  resided  in  such 
city  or  town,  on  all  property  owned  by  said  person  in  the  township  where 
ch  city  or  town  in  located:  Provided,  always,  That  nothing  in  this  act 


244 


SCHOOL    LAWS    OF    INDIANA 


shall  be  construed  to  prevent  the  school  trustees  of  such  town  or  city  from 
admitting  pupils  into  such  schools  from  outside  such  city  or  town,  in  their 
discretion,  upon  the  payment  of  tuition  therefor,  and  without  subjecting 
the  property  of  their  parents  to  such  taxation,  when  such  schools  are  not 
crowded  and  their  admission  shall,  in  no  way,  interfere  with  the  progress 
of  the  children  within  such  city  or  town:  Provided,  further,  ThatHhe  ad- 
ditional special  tax,  hereby  authorized,  shall  not,  in  any  one  year,  exceed 
fifty  cents  on  any  one  hundred  dollars  of  taxable  property  and  one  dollar  on 
each  poll.  (§6562.) 

1.  LEVY  OBLIGATOBY.  It  is  the  duty  of  trustees  to  levy  annually  a  special  addi- 
tional tax  sufficient  to  pay  the  interest  and  principal  of  bonds  issued  for  school  build- 
ings and  falling  due;  and  where  it  appears  that  they  have  failed,  neglected  and  refused 
to  discharge  their  statutory  duty,  a  writ  of  mandate  is  the  proper  legal  remedy. — 
Gardner  v.  Haney,  86  Ind.  17. 

[Acts  1879,  p.  76.    Approved  and  in  force  March  20,  1879.] 

552.  Condition  Before  Building.     1.     Before  the  school  trustees  of 
any  incorporated  town  or  city  in  this  state  shall  purchase  any  ground  for 
school  purposes,  or  enter  into  any  contract  for  the  building  of  any  school 
building  or  buildings,  they  shall  file  a  statement  with  the  trustees  of  such  in- 
corporated town,  or  common  council  of  such  city,  showing  the  necessity  for 
such  purchase  of  ground,  or  the  erection  of  such  building  or  buildings,  to- 
gether with  an  estimate  of  the  cost  of  such  ground  or  building  or  buildings, 
and  the  amount  of  means  necessary  to  be  provided  to  pay  for  such  ground  or 
building  or  buildings.     And  they  shall  not  purchase  any  ground  or  enter 
into  any  contract  for  the  building  of  any  school  building  or  buildings,  until 
such  action  be  approved  by  the  trustees  of  such  incorporated  town,  or  by 
the  common  council  of  such  city:     Provided,  however.  That  there  shall  be 
nothing  in  this  act  so  construed  as  to  affect  any  purchase  of  grounds,  or 
contract  made  for  the  erection  of  any  building  or  buildings  for  school  pur- 
poses, prior  to  the  taking  effect  of  this  act.     (§6563.) 

[Acts  1879,  p.  95.    Approved  March  31,  1879.] 

553.  Surplus  Special  School  Revenue.     1.     It  shall  be  the  duty  of 
the  board  of  school  trustees  of  any  city  or  incorporated  town  in  this  state  to 
pay  over  to  the  common  council  or  board  of  school  trustees  of  such  city  or 
town  any  surplus  special  school  revenue  in  the  hands  of  such  school  trustees, 
not  necessary  to  meet  current  expenses;  such  excess  of  the  revenue  aforesaid 
to  be  applied  for  the  payment  of  the  interest  or  principal,  or  both,  of  any  in- 
debtedness incurred  under  the  provisions   of  the  Act  of  March  8,    1873, 
authorizing  cities  and  incorporated  towns  to  negotiate  and  sell  bonds  to  pro- 
cure means  to  erect  and  complete  unfinished  school  buildings,  and  to  pur- 
chase any  ground  and  building  for  school  purposes,  and  to  pay  debts  con- 
tracted for  the  erection  and  purchase  of  buildings  and  grounds.     (§6564.) 

[Acts  1917,  p.  674.] 

554.  School  Cities  and  Towns — Refunding.      1.     That  in  all  cities 
of  the  State  of  Indiana,  which  are  incorporated  under  the  general  laws  of  the 
state,  and  in  all  incorporated  towns  of  this  state,  when  the  school  city  or 
school  town  of  any  such  city  or  incorporated  town  is  indebted,  which  indebt- 


SCHOOL    LAWS    OF    INDIANA  245 

eel  less  is  evidenced  by  bonds,  notes  or  other  obligations  heretofore  issued  or 
n<  jotiated  by  any  such  school  city  or  school  town,  for  the  purpose  of  funding 
or  refunding  such  indebtedness  or  any  part  thereof,  reducing  the  rate  of  in- 
t<  est  thereon,  extending  the  time  of  payment  thereof,  and  cancelling  so 
m  ich  thereof  as  may  be  due  or  which  shall  become  due,  the  board  of  school 
tr  istees  of  any  school  city  or  school  town,  in  such  cities  or  incorporated  towns, 
a?  )  hereby  authorized  to  issue  the  bonds  of  such  school  city  or  school  town, 
w  th  interest  coupons  attached,  for  an  amount  not  exceeding  in  the  aggregate 
tl  3  whole  amount  of  the  indebtedness  of  such  school  city  or  school  town, 
\\  lieh  bonds  may  be  in  any  denomination  not  less  than  fifty  dollars  ($50) 
n  r  more  than  one  thousand  dollars  ($1,000)  and  shall  be  payable  at  any 
p  ace  named  therein  and  at  a  time  not  later  than  twenty  (20)  years  from  the 
d  ,te  thereof,  bearing  interest  not  exceeding  five  per  cent  (5%)  per  annum, 
1  yuMe  annually  or  semi-annually,  and  such  board  of  school  trustees  of  any 
>  <-h  school  city  or  school  town  may  negotiate  such  bonds  at  any  market  or 
I  ace  at  not  less  than  par.  Tn  the  event  any  city  or  incorporated  town  in 
t  ds  state  shall  have  issued  its  bonds,  notes  or  other  obligations  for  the  pur- 
1  jse  of  procuring  funds  with  which  to  buy  school  grounds  or  erect  school 
1  lildings,  or  repair  such  school  buildings,  and  the  proceeds  derived  by  reason 
«  '  the  salt-  of  such  bonds  have  been  used  by  the  school  cities  or  school  towns 
«  any  such  city  or  incorporated  town  for  the  purpose  of  buying  grounds  for 
?•  'hool  purposes,  or  erecting  buildings  or  making  improvements  to  school 
1  uildings,  then  it  shall  be  lawful  for  the  board  of  school  trustees  of  any  such 
s-  ?hool  city  or  school  town  in  such  cities  or  incorporated  towns  and  they  are 
1  er«  by  authorized  to  issue  and  negotiate  the  bonds  of  such  school  city  or 
M-hool  town  for  the  purpose  of  funding  or  refunding  such  indebtedness  or 
.  ny  part  thereof  for  the  same  purposes  and  in  the  same  manner  and  on  like 
•erms  and  conditions  as  provided  for  in  this  section  in  other  cases. 

1!»13,  p.  842.] 

555.  Levy — Sinking  Fund — Interest.  2.  For  the  purpose  of  paying 
>onds  issued  as  provided  in  the  foregoing  section,  the  board  of  school  trustees 
>f  any  such  school  city  or  school  town  shall  add  to  the  tax  duplicates  thereof 

mnually,  a  levy  sufficient  to  pay  all  yearly  interest  on  said  bonds  and  may 
orovide  a  sinking  fund  for  the  liquidation  of  the  principal  thereof  when  it 
shall  become  due.  which  sinking  fund,  together  with  the  interest,  increase  of 
profit  thereon,  shall  lie  applied  to  the  payment  of  said  bonds  and  to  no  other 
purpose.  (§6577b.) 

[Acts    1 '.»i:{.   p. 


n 


556.      School*      Cities  and  Towns— School  Buildings—  School  Trus- 
tees Ma >  issue  Eridences  of  Indebtedness.     1.     That  in  all  cities,  except 

cities  of  tlie  first  and  -ceond  class,  of  the  State  of  Indiana,  which  are  incor- 
porated under  the  general  laws  of  the  state,  and  in  incorporated  towns  of  this 

i  he  hoards  of  school  trustees  in  such  city  or  incorporated  towns  are  here- 
by authorized  and  empowered  to  borrow  money  and  to  issue  their  bonds  or 

of  such  sch (x.l  city  or  school  town,  such  bonds  or  notes  to  bear  interest 
at  a  rate  not  exceeding  five  per  cent  per  annum,  and  payable  at  such  times 
within  twenty-live  (25)  years  from  date  as  such  school  board  may  determine. 
The  money  obtained  as  a  loan  on  such  bonds  or  notes  shall  be  disbursed 


246 


SCHOOL    LAWS    OF    INDIANA 


by  order  of  such  board  in  payment  of  expenses  incurred  in  buying  grounds, 
building  schoolhouses  or  in  making  repairs  on  school-buildings  heretofore 
erected  for  such  school  city  or  town,  and  for  no  other  use  or  purpose  what- 
soever. Before  any  such  debt  is  incurred,  such  school  officers  shall  give  notice 
by  publication  for  three  consecutive  weeks  in  some  newspaper  published  in 
such  city  or  town,  and  if  none  be  so  published,  then  in  some  newspaper  of 
general  circulation  in  such  city  or  town,  or  by  posting  such  notice  in  five  pub- 
lic places  in  such  city  or  town  for  three  weeks,  which  notices  shall  state,  the 
aggregate  debt  proposed  to  be  incurred,  the  location  of  real  estate,  if  it  be 
proposed  to  buy  real  estate;  the  character  and  size  of  the  building  to  be 
erected,  and  the  nature  of  the  improvement  proposed:  Provided,  That 
no  board  of  trustees  shall  create  any  indebtedness  including  all  outstanding 
indebtedness  exceeding  two  per  cent  of  the  taxable  property  of  such  city 
or  town,  as  ascertained  by  the  last  assessment  for  state  and  county  taxes 
previous  to  the  incurring  of  the  said  indebtedness:  And,  provided,  further, 
That  said  bonds  or  notes  shall  not  be  sold  at  a  less  rate  than  one  hundred 
(100)  cents  on  the  dollar.  (§6572.) 

NOTE.  Construction  of  the  Act  of  1909,  amending  the  statutes  authorizing  school 
trustees  to  borrow  money  and  to  issue  bonds  or  notes. — Monical  v.  Heise,  49  App. 
302,  94  N.  E.  232. 

The  Act  of  1909,  Acts  1909,  p.  100,  amending  the  statute  providing  for  the  contract- 
ing of  an  indebtedness  by  school  corporations  of  cities,  is  to  be  construed  in  connection 
with  the  Act  of  1879,  on  the  same  subject  and  the  notice  required  to  be  given  by  the 
Act  of  1909  applies  in  case  an  indebtedness  is  to  be  incurred  by  contract  as  well  as 
in  case  of  issuance  of  notes  or  bonds. — Caldwell  v.  Bauer,  99  N.  E.  117. 

557.  Tax  to  Pay  Bonds  and  Notes.     2.     For  the  purpose  of  paying 
said  bonds  or  notes  issued  as  provided  in  the  foregoing  section,  said  school 
trustees  are  hereby  empowered  to  levy  annually  a  tax  not  to  exceed  twenty- 
five  cents  in  any  one  year  on  each  one  hundred  dollars  of  the  taxable  property 
of  such  city  or  town  as  ascertained  by  the  proper  assessing  officers,  and  one 
dollar  on  each  taxable  poll:     Provided,  That  the  revenue  derived  from  such 
levy  shall  be  used  only  in  payment  of  the  principal  and  interest  of  said  notes 
or  bonded  indebtedness.     Any  surplus  remaining  after  the  payment  of  said 
indebtedness  shall  be  covered  into  the  special  school  revenues  of  such  school 
oHy  or  town.     (§6573.) 

558.  Trustees  Give  Bond.     3.     Before  any  board  of  school  trustees 
shall  sell  or  negotiate  any  of  the  notes  or  bonds  herein  provided  for,  such  board 
of  trustees  shall  file  with  the  county  auditor  in  which  such  city  or  town  is 
situate,  a  bond  payable  to  the  State  of  Indiana,  in  a  sum  not  less  than  the 
face  value  of  such  notes  and  bonds  so  to  be  sold,  with  security  to  be  approved 
by  the  auditor,  conditioned  for  the  faithful  and  honest  application  of  all 
such  moneys  to  the  purposes  specified  in  this  act.     (§6574.) 

559.  Additional  Bond  Issue.     1.     After  bonds  or  notes  shall  have 
been  issued  under  this  act  any  board  of  trustees  of  any  school  city  or  town  in 
this  state  is  hereby  authorized  and  empowered  to  borrow  money  and  issue  its 
bonds  or  notes  in  any  additional  sum,  not  exceeding,  including  all  issues  out- 
standing, two  per  cent  of  the  taxable  property  of  such  city  or  town,  for  like 
purposes  as  provided  in    §1  of  this  act.       This  act  shall  not  be  construed 
to  repeal  any  law  of  this  state  which  authorizes  school  trustees  of   such 


SCHOOL    LAWS    OF    INDIANA  247 


ci  tes  or  incorporated  towns  to  levy  taxes  for  school  purposes  and  all  parts 
oi  the  general  laws  of  this  state  not  inconsistent  herewith  and  which  may 
b<  applicable  to  the  general  system  of  common  schools  in  such  cities  or 
t(  vns  shall  be  in  full  force  and  effect.  (§6575,  as  amended,  1909,  p.  100.) 

[Acts  1917,  p.  184.     Approved  March  6,  1917.] 

560.  School    Boards — Temporary    Loans.      1.     That    whenever    it 
is  found  by  the  board  of  school  trustees  or  other  proper  authorities  of  any 
s  hool  city  or  school  town  that  an  emergency  exists  for  the  borrowing  of  money 
v  ith  which  to  meet  the  current  expenses  of  the  schools  of  such  school  town 

0  school  city,  the  board  of  school  trustees  or  other  proper  authorities  of  such 
s  hool  city  or  school  town  may  make  temporary  loans  in  anticipation  of  the 
c  irrent  revenues  of  such  school  town  or  school  city  to  an  amount  not  exceed- 

1  .g  thirty-three  and  one-third  (33  1-3)  per  cent  of  the  amount  actually  levied 

1  id  in  course  of  collection  for  the  fiscal  year  in  which  such  loans  are  made. 

2  ut  provided,  however,  That  in  all  school  cities  of  the  first,  second,  third,  fourth, 
;  nd  fifth  classes,  no  such  loans  shall  be  borrowed  in  excess  of  the  sum  of 
1  wenty  thousand  dollars  (&20,000)  until  the  letting  of  the  same  shall  have 
1  een  advertised  once  each  week  for  two  (2)  successive  weeks  in  two  (2) 
i  ewspapers  of  general  circulation  published  in  such  school  city,  and  until 
:  ealed  bids  have  been  submitted  at  a  regular  meeting  of  the  school  board  of 
!  uch  school  city,  pursuant  to  such  notices,  stipulating  the  rate  of  interest 

o  be  charged  by  such  bidder,  and,  provided  further,  That  such  school  loan 
hall  be  made  with  the  bidder  submitting  the  lowest  rate  of  interest  and  sub- 
nitting  with  his  bid  an  affidavit  showing  that  no  collusion  exists  between 
limself  and  any  other  bidder  for  such  loan. 

561.  Interest — Warrants      2.     Such  temporary  loans  shall  be  author- 
zed  by  a  resolution  of  such  board  of  school  trustees  or  other  proper  au- 
thorities, designating  the  nature  of  the  consideration,  the  time  and  place 
payable,  the  rate  of  interest,  not  to  exceed  six  per  cent  (6%)  per  annum,  the 
revenues  in  anticipation  of  which  such  temporary  loans  are  made  and  out 
of  which  the  same  are  payable,  and  appropriating  and  pledging  a  sufficient 
amount  of  the  current  revenues  of  such  school  town  or  school  city  in  antici- 
pation of  which  suc-h  temporary  loans  are  made,  and  out  of  whi^h  they  are 
payable,  to  the  payment  thereof.     Such  temporary  loans  shall  be  evidenced 
by  the  time  warrants  of  such  school  town  or  school  city  in  terms  designating 
the  nature  of  the  consideration,  the  time  and  place  payable,  the  revenues 
in  anticipation  of  which  they  are  issued  and  out  of  which  they  are  payable. 
Tin-  interest  accruing  on  such  warrants  to  date  of  maturity  shall  be  added  to 
and  included  in  the  face  value  thereof. 

5 


[Acts  1907,  p.  164.    Approved  March  5. 


u 


562.  Cities — Second  Class — Issue  of  Bonds.  1.  The  board  of 
trustees  of  the  school  corporation  in  any  city  of  the  second  class  in  this  state 
is  hereby  authorized  and  empowered  to  issue,  negotiate  and  sell  the  negotiable 
bonds  of  such  school  city  or  corporation  in  such  sums  and  denominations  as 
such  hoard  may  deem  advisable  for  school  uses  and  purposes,  including  the 
purchase  of  real  estate,  the  repair  and  erection  of  buildings  and  their  equip 
ment  for  school  purposes,  including  the  cost  of  lighting,  heating  and  sanita- 


248 


SCHOOL    LAWS    OF       INDIANA 


tion  and  the  payment  of  any  existing  indebtedness  for  any  of  the  purposes 
aforesaid.  Such  bonds  shall  be  known  as  "school  improvement  bonds" 
and  payable  at  such  places  and  at  such  times  as  such  board  may  determine 
and  as  may  be  stated  in  the  bonds  and  shall  bear  interest  not  to  exceed  four 
(4)  per  cent  per  annum,  payable  annually  or  semi-annually,  for  which 
interest  coupons  may  be  attached  to  said  bonds,  and  may  be  negotiated  and 
delivered  at  any  market  place  at  not  less  than  their  par  value.  Such  bonds 
may  be  issued  from  time  to  time  as  the  needs  of  such  school  city  or  corporation 
shall  require:  Provided,  however,  That  the  aggregate  amount  of  all  such 
bonds  of  such  school  city  or  corporation,  including  all  prior  issues  outstanding 
at  any  one  time,  shall  not  exceed  two  (2)  per  °ent  on  the  value  of  the 
taxable  property  within  such  city  or  corporation  as  ascertained  by  the  last 
assessment  for  state  and  county  taxes  previous  to  the  incurring  of  su^h  in- 
debtedness. No  bonds  shall  be  issued  until  the  money  therefor  is  paid  to 
the  treasurer  of  such  board  and  interest  thereon  shall  begin  to  accrue  *t  the 
time  of  delivery  thereof.  Preparatory  to  offering  such  bonds  for  sale,  the 
board  of  school  trustees  shall  give  notice  for  not  less  than  three  (3)  weeks, 
of  the  date  fixed  for  the  sale  of  such  bonds,  together  with  a  description  of 
such  bonds,  and  of  such  offer,  and  invite  bids  therefor.  Such  notice  shall  be 
given  by  advertisements  once  each  week  in  at  least  one  newspaper  published 
in  such  school  city  or  corporation,  the  last  of  which  publications  shall  be 
made  at  leabt  one  week  before  the  date  fixed  lor  the  sale  of  such  bonds,  and 
by  such  other  notice  or  advertisement  as  the  board  may  make.  Said  board 
shall  sell  su  jh  bonds  to  the  highest  or  best  bidder,  but  shall  have  the  right 
to  reject  any  and  all  bids.  (§6505,  as  amended,  Acts  1909,  p.  124.) 

563.  Bonds    in    Series — Time.      2.      The    full    time  for   which   such 
"school  improvement  bonds"  shall  run  shah1  be  twenty  (20)  years  from  the 
date  of  issuance  thereof,  but  said  bonds  may  be  issued  in  a  series  so  that  su  ,h 
portion  thereof  as  the  board  of  trustees  may  determine  may  be  made  to  ma- 
ture at  the  end  of  any  year  within  said  period,  or  said  bonds  may  be  issued 
so  that  one- twentieth  (1-20)  thereof  shall  fall  due  at  the  end  of  each  year, 
and  the  portion  so  falling  due,  together  with  the  interest  thereon,  shall  waen 
due  be  paid  and  canceled.     (§6506,  as  amended,  Acts  1909,  p.  124.) 

564.  Tax  for  Bond  Redemption.     3.     The  board  of  school  trustees 
shall  have  the  power  to,  and  shall  levy  a  special  tax  in  addition  to  other  taxes 
authorized  by  law  to  be  levied,  sufficient  to  pay  tae  principal  and  interest  on 
such  bonds  as  and  when  they  become  dt>e  and  to  create  a  sinking  fund  for 
the  payment  when  due:     Provided,  however,  That  the  total  tax  levy  for  the 
payment  of  tue  principal,  interest  and  sinking  fund  of  all  outstanding  bonds 
of  any  such  city  shall  not  exceed  the  sum  of  eighteen  cents  on  each  one  hun- 
dred dollars'  worth  of  taxable  property  and  one  dollar  ($1.00)  on  each  poll 
in  such  city  in  any  one  year,  but  this  act  shall  not  be  construed  to  repeal  any 
law  of  this  state  which  authorizes  boards  of  school  trustees  to  levy  taxes  for 
school  purposes.     (§6507,  as  amended,  Acts  1909,  p.  124.) 

565.  Repeal.     4.     Ah1  laws  and  parts  of  laws  in  conflict  herewith  are 
hereby  repealed;  but  this  law  shall  not  affect  any  bonds  heretofore  issued 
under  any  law  in  force  at  the  time  they  were  issued,  nor  shall  it  affect  any 
law  applying  to  any  cities  or  corf  orations  than  those  of  cities  of  the  second 
class. 


I 


SCHOOL    LAWS    OF    INDIANA  249 

[Acts  1907,  p.  655.    Approved  March  12,  1907.] 

566.  Bond   Usue — Towns  or  Cities  of  1,000-5,000.      1.     The  Board 
of  school  trustees  of  any  incorporated  town  or  city  having  a  population  of 
le  3  than  five  thousand  (5,000)  and  more  than  one  thousand  (1,000)  as  shown 
b    the  last  preceding  Unit rd  States  <-rns, is.  \\hidi  shall  have  purchased  ground 
f(  •  the  erection  of  any  building  or  buildings  for  school  purposes  or  which  shall 
h  ve  contracted  any  debts  for  the  erection  or  repair  of  such  building  or 
b  ildings,  and  which  shall  not  have  the  necessary  means  with  which  to  erect 
s  r>h  building  or  buildings  or  to  pay  such  debt,  may,  on  the  filing  of  a  report 
u  ider  oath,  with  the  board  of  trustees  of  the  incorporated  town  or  the 
c  mmon  council  of  the  city  in  which  [such]  school  corporation  is  located, 
s  owing  the  actual  or  estimated  amount  required  to  erect  such  building 

0  buildings,  or  the  amount  of  such  debt,  on  the  passage  of  a  resolution,  ap- 
j  -oving  the  same  by  the  board  of  trustees  of  such  town  or  common  council 
c  '  such  city,  may  issue  the  bonds  of  such  school  town  to  an  amount  not  ex- 
c  ,'eding  in  the  aggregate  forty  thousand  ($40,000)  dollars  in  denominations 

1  }t  exceeding  [not  less  than]  one  hundred  ($100.00)  dollars  nor  more  than 
(  ne  thousand  ($1,000.00)  dollars,  said  bonds  [bearing]  not  to  exceed  five 
1  er  cent  interest,  and  payable  at  any  place  that  may  be  designated  in  such 
1  onds  the  principal  in  not  less  than  ten  years  nor  more  than  twenty-four 
:  ears  from  the  date  of  such  bonds,  and  the  interest  annually  or  semi-annually, 
;  s  may  be  herein  provided,  to  provide  means  to  erect  such  building  or  build- 
i  igs  or  to  pay  such  debt.     Such  board  of  school  trustees  may  from  time  to 
1  ime  negotiate  and  sell  as  many  of  such  bonds  as  may  be  necessary  for  such 

>urpose  in  any  place  and  for  the  price  that  can  be  obtained  therefor  in  cash : 
Provided,  That  such  bonds  shall  not  be  sold  for  less  than  their  par  value. 
§6556,  as  amended,  1909,  p.  308.) 

567.  Sale — Bond  for  Proper  Use  of  Funds.     2.     Before  any  board  of 
school  trustees  shall  sell  any  of  the  bonds   provided  for  in   §1  of  this  act 
mch  board  of  school  trustees  shall  file  with  the  county  auditor  a  bond  payable 
co  the  state  of  "Indiana  in  a  sum  not  less  than  the  face  value  of  the  bonds  so 
to  be  sold,  with  security  to  be  approved  by  tne  auditor,  conditioned  for  the 
faithf  .1  and  honest  application  of  such  money  to  the  purpose  for  which  the 
same  is  provided,  and  such  board  of  school  trustees  and  their  sureties  shall 
hi  liable  to  a  suit  on  such  bond  for  any  waste,  misappli cation  or  loss  of  such 
money  as  is  now  provided  for  waste  or  loss  of  school  revenue.     (§6557.) 


568.  Special  Tax.  3.  In  addition  to  levying  the  special  tax  for  special 
school  revenue,  now  authorized  by  law,  the  board  of  school  trustees  of  any 
si'ch  towns  or  rities  as  shall  have  availed  themselves  of  the  provisions  of  this 
act  are  hereby  authorized  and  required  to  levy  ami  -ally  a  spn-ial  additional 
tax  at  the  same  time  and  in  the  same  manner  as  other  school  taxes  of  such 
towns  or  cities  are  levied,  sufficient  to  pay  the  interest  and  principal  of  said 
bonds  falling  due,  which  additional  SIM  «-ial  tax  shall  be  assessed  and  collected 
e  taxes  for  state  and  county  revenue  are  assessed  and  cnll. ,  t< d.  The 
treasurer  of  said  board  of  school  tru-i« « <  shall  keep  an  accurate  account  of 
tin-  revenue  arising  from  said  additional  s;»«-«  ial  tax  and  shall  permit  the 
same  to  be  applied  to  no  other  purpose  than  the  payment  of  the  interest 
and  principal  of  such  bonds,  and  at  the  end  of  such  school  year  the.  treasurer 


H 


250 


SCHOOL    LAWS    OF    INDIANA 


of  such  board  of  school  trustees  shall  file  with  the  board  of  trustees  of  the  in- 
corporated town  or  common  council  of  such  city  in  which  such  school  corpor- 
ation is  located  his  sworn  report  as  to  such  funds,  showing  the  amount  re- 
ceived by  him,  the  amount  paid  oiit,  when  the  same  was  paid,  to  whom  and 
for  what  purpose  it  was  paid,  and  the  amount  thereof,  if  any  remaining  in  his 
hands,  and  if  there  be  remaining  in  his  hands  an  amount  equal  to  or  exceeding 
one  cent  on  each  one  hundred  dollars  of  taxable  property  of  such  town,  the 
same  shall  be  taken  into  account  in  making  the  levy  for  the  ensuing  year, 
and  the  official  bond  of  the  treasurer  of  such  board  of  school  trustees  shall  be 
construed  to  cover  and  include  revenue  arising  from  this  source:  Provided, 
That  the  additional  special  tax  levy  hereby  authorized  shall  not  in  any  one 
year  exceed  fifty  cents  on  any  one  hundred  dollars  of  taxable  property  and 
one  dollar  on  each  poll.  (§6558.) 

569.  Surplus  Special  School  Revenue.     4.     It  shall  be  the  daty  of 
the  boards  of  s  hool  trustees  of  such   incorporated  towns  or  cities  in  this 
state  to  apply  any  surplus  special  school  revenue  in  their  i-andsnot  necessary 
to  meet  the  current  expenses  for  the  payment  of  the  interest  or  principal  or 
both,  of  any  indebtedness  incurred  under  the  provisions  of  this  act.     (§6559.) 

[Acts  1907,  p.  576.    Approved  March  12,  1907.] 

570.  Towns    Not    Over    2,000 — Funds    for  Buildings — Bonds.      1. 

The  board  of  school  trustees  of  any  incorporated  town  having  a  population 
of  not  more  than  2,000,  according  to  the  last  preceding  United  States  census, 
when  it  shall  be  found  necessary  for  the  proper  accommodation  of  its  schools 
to  purchase  a  site  and  erect  buildings  thereon  for  school  purposes  and  when 
such  school  trustees  shall  not  have  sufficient  funds  of  such  school  town  for 
such  purposes,  may  on  the  filing  of  a  report  under  oath  with  the  board  of 
trustees  of  the  town  in  which  such  school  corporation  is  situated,  showing 
the  actual  or  estimated  amount  required  to  pay  for  such  ground  and  buildings 
and  on  passing  of  a  resolution  approving  the  same  by  said  board  of  trustees, 
issue  the  bonds  or  notes  of  such  school  town  to  an  amount  not  exceeding  in 
the  aggregate  $6,000  in  denominations  of  not  less  than  $100  payable  at  any 
place  designated  by  such  school  trustees,  the  principal  to  become  due  and 
payable  in  annual  instalments  as  nearly  equal  as  possible  and  running  such 
length  of  time  not  exceeding  15  years,  as  the  board  of  school  trustees  deem 
best,  from  the  date  of  such  bonds  or  notes,  and  the  interest  annually  or 
semi-annually,  as  may  be  therein  provided,  not  to  exceed  six  per  cent,  per 
annum,  to  provide  means  with  which  to  purchase  such  site  and  erect  such 
school  buildings.  Such  board  of  s-hool  'trustees,  may  from  time  to  time  ne- 
gotiate and  sell  as  many  of  such  bonds  or  notes  as  may  be  necessary  for  such 
purpose  in  any  place  and  for  the  best  price  that  can  be  obtained  therefor  in 
cash:  Provided,  That  such  bonds  or  notes  shall  not  be  sold  for  less  than  their 
par  value.  Such  bonds  or  notes  shall  be  the  debt  of  the  school  town  for  the 
benefit  of  which  they  are  issued,  and  such  school  town  shall  assume  and  pay 
and  be  solely  liable  for  the  payment* of  such  bonds  or  notes.  (§6565,  as 
amended  1909,  p.  308.) 

571.  Refunding  Bonds.     2.     In  all  cases  where  bonds  or  notes  have 
been  issued  for  the   purposes   stated  in  §1  of  this  act,   by   the  board   of 
school  trustees  of  any  such  town  in  this  state,  the  board  of  school  trustees  of 


n 


SCHOOL    LAWS    OF    INDIANA  251 

tl  )  school  town  located  in  such  town  are  hereby  authorized  and  empowered 

t<  refund  said  notes  or  bonds  by  issuing  in  lieu  thereof  the  bonds  or  notes  of 

si  ;h  school  town:     Provided,  That  tin-  <-onsent  of  the  board  of  trust* 

si  ;h  town  shall  be  first  given  thereto  by  resolution.  Such  refunding  bonds 
o;  notes  shall  l>e  issued  and  sold  on  the  same  terms  and -subject  to  the  same 

n  frictions  and  conditions  as  herein  provided  for  the  original  issue  of  bonds 

0  notes.     (§6566.) 

572.  Trustees'  Bond.     3.     Before  any  board  of  school  trustees  shall 
s«  11  any  of  the  bonds  or  notes  provided  for  in   §§1    and   2   of    this  act, 
s  I'll  board  of  school  trustees  shall  file  with  the  county  auditor  a  bond  payable 
t    the  State  of  Indiana  in  a  sum  nor  less  than  the  face  value  of  the  bonds  or 

1  ties  so  to  be  sold,  with  security  to  be  approved  by  the  auditor,  conditioned 
f  r  the  faithful  and  honest  application  of  su«-h  money  to  the  purpose  for  which 
t  le  same  is  provided,  and  such  board  of  school  trustees  and  their  sureties 
s  lull  be  liable  to  a  suit  on  such  bond  for  any  waste,  misappropriation  or  loss 
(  '  such  money,  as  is  now  provided  for  waste  or  loss  of  school  revenue. 
(  §6567.) 

573.  Sale  of  Property.     4.     Such  board  of  school  trustees  may  sell 
$•  ?hool  property  in  accordance  with  the  provision  of  law,  and  apply  the  pro- 

•  <  <ls  of  such  sale  to  the  increase  of  the  fund  provided  for  in  §1    of    this 
;  <:t,  and  such  increase  shall  be  used  only  for  the  purpose  contemplated  in 
.^  uch  section  in  the  purchase  of  a  site  and  the  erection  thereon  of  school  build- 

Xothing  in  this  a/»t  shall  be  deemed  to  prevent  or  prohibit  the  funds 
<>f  any  township  in  which  any  such  town  is  situated  from  being  applied  in 

•  onjunction  with  the  funds  of  such  school  town  herebefore  provided  for  in 
;1    and   for   the   purpose   herein   set   forth,   under  such   agreement   as   to 

Construction  and  use  of  such  school  buildings  as  may  be  determined  upon  by 
ii'-h  school  authorities  of  the  town  and  township:  Provided,  That  any 
miMing  so  constructed  shall  be  located  within  the  limits  of  such  incorporated 
own.  (§656».) 

574.  Special  Tax.     .">.      In  addition  to  levying  the  special  tax  for  special 
school  revenue  now  authorized  by  law,  the  board  of  school  trustees  ol  any  such 
town  as  shall  have  availed  themselves  of  the  provisions  of  this  act,  are  here- 
by auihori/.ed  to  levy  annually  a  special  additional  tax,  at  the  same  time 
and  in  the  same  manner  as  other  school  taxes  of  such  towns  are  levied,  for 
iht    purpose  of  paying  the  interest   on  said  bonds  or  notes  and  principal 
falling  due.  which  additional  special  tax  shall  be  assessed  and  collected  as 
the  taxes  for  state  and  county  revenue  are  assessed  and  collected,  and  the 
ollicial  bond  of  the  treasurer  of  such  board  of  school  trustees  shall  be  construed 
to  cover  and  include  revenue  arising  from  this  source:     Provided,  That  the 
additional  special  tax  hereby  authorized  shall  not  in  any  one  year  e\ 
fifty  cents  on  any  one  hundred  dollars  «»•'  taxable  property  and  one  dollar 

£L  each  taxable  poll.     (§6569.) 


575.     Surplus  Special  Revenue.     0.     It  shall  be  the  duty  of  the  board 
school  trustees  of  such  towns  in  this  state  to  apply  any  surplus  special 
hool    revenue   in    their  hands,  not  necessary  to  meet  cum  m 
for  the  payment  of  the  interest  or  principal,  or  botb,  of  any  indebtedness 
incurred  under  the  provisions  of  this  act.     (§6570.) 


252 


SCHOOL    LAWS    OF    INDIANA 


[Acts  1911,  p.  102.    Approved  March  1,  1911.1 

576.  Towns  Not  Over  1,000— Bonds— Tax.      1.     In  all  incorporated 
towns  of  the  State  of  Indiana,  having  a  por  illation  of  not  more  tnan  one 
thousand  (1,000)  according  to  last  preceding  United  States  census,  the  board 
of  school  trustees  of  such  school  towns  are  hereby  authorized  and  empowered 
to  borrow  money,  and  to  issue  the  bonds  of  such  school  town  to  an  amount 
not  exceeding  in  the  aggregate  twenty-five  thousand  dollars,  such  bonds  to 
bear  interest  at  a  rate  not  exceeding  five  per  cent  per  annum,  and  payable 
at  sufh  time  within  twenty  years  from  the  date  of  issuing  such  bonds,  as  such 
school  boards  may  determine.     The  money  obtained  as  a  loan  on  such  bonds 
shall  be  disbursed  by  order  of  such  board,  in  payment  of  expenses  incurred  in 
buying  grounds,  building  new  schoolhouses,  or  in  making  repairs  on  school- 
buildings  heretofore  erected,  for  such  school  town,  and  for  no  other  purpose 
whatever.     Before  such  debt  is  incurred  such  school  board  shall  give  notice 
by  publication  for  three  consecutive  weeks  in  some  newspaper  published  in 
such  town,  and  if  there  is  no  newspaper  published  in  such  town,  then  in  some 
newspaper  of  general  circulation,  published  in  the  county  in  which  such  town 
is  located,  which  notice  shall  state  the  aggregate  debt  proposed  to  be  incurred, 
the  location  of  the  real  estate,  if  it  be  proposed  to  buy  real  estate,  or  to  erect 
a  new  school-building,  on  real  estate  belonging  to  such  town,  the  character 
and  size  of  the  building  to  be  erected,  and  the  nature  of  the  improvement 
proposed.     That  for  the  purpose  of  raising  money  to  pay  such  bonds,  and 
the  interest  thereon,  as  the  same  shall  become  due,  such  school  board  may  levy 
an  annual  tax,  not  exceeding  two   per  cent  including  all  outstanding  in- 
debtedness on  all  taxable  property  of  such  town  as  ascertained  by  the  last 
assessment  for  state  and  county  taxes  previous  to  the  incurring  of  such  in- 
debtedness :     Provided,  however,  That  such  bonds  shall  not  be  sold  at  a  less 
rate  than  one  hundred  cents  on  the  dollar.     (§6559a.) 

577.  How  Construed.     2.     This  act  shall  not  be  construed  to  repeal 
any  law  of  this  state  which  authorizes  school  trustees  of  such  incorporated 
towns  to  levy  taxes  for  school  purposes  and  all  parts  of  the  general  laws  of 
this  state  not  inconsistent  herewith,  and  which  may  be  applicable  to  the 
general  system  of  common  schools,  in  such  towns  shall  be  in  full  force  and 
effect:     Provided,  This   act   shall  not  authorize  any  school  board  to  issue 
bonds  for  the  payment  of  the  cost  of  construction  of  any  schoolhouse,  for 
the  erection  of  which  a  contract  shall  have  been  executed  prior  to  the  passage 
of  this  act.     (§6559b.) 

[Acts  1905,  p.  33.    Approved  February  23,  1905.] 

578.  Township      Business — Indebtedness — Issue     of     Bonds.      1. 

Any  township  in  this  state,  being  indebted  to  an  amount  beyond  the  ability 
of  the  current  taxes  to  meet,  and  which  indebtedness  is  evidenced  by  bonds, 
notes  or  other  obligations  heretofore  issued  or  negotiated  by  such  township, 
may  for  the  purpose  of  funding  or  refunding  such  indebtedness  or  any  part 
thereof,  reducing  the  rate  of  interest  thereon,  extending  the  time  of  payment 
thereof  and  canceling  so  much  thereof  as  may  be  due,  or  which  shall  here- 
after become  due,  upon  the  vote  of  all  the  members  of  the  advisory  board  of 
su.';h  townsh:p,  together  with  the  approval  of  the  township  trustee  of  such 
township,  issue  its  bonds,  with  interest  coupons  attached,  for  an  amount  not 


SCHOOL    LAWS    OF    INDIANA  253 

ex  eeding  in  the  aggregate  the  amount  of  such  indebtedness  of  such  town- 
sh  p,  which  bonds  may  be  of  any  denomination  not  less  than  fifty  dollars  and 
no  more  than  one  thousand  dollars,  and  shall  be  payable  at  any  place  named 
th  rein  in  equal  annual  instalments,  not  exceeding  in  all  the  period  of  fifteen 
yt  <,rs,  and  shall  bear  any  rate  of  interest  not  exceeding  six  per  cent  per  annum, 
pji  /able  semi-annually,  evidenced  by  coupons  attached  to  su^h  bonds,  and 
m  y  be  negotiated  at  not  less  than  par.  The  amount  of  such  bonds  in  no 
e^  ait  to  exceed  the  constitutional  limit  of  indebtedness. 

579.  Duties   of  Advisory   Board.     2.     The  advisory  board  of  such 
ti  vnship  shall  add  to  the  tax  duplicate  thereof  annually  a  levy  sufficient  to 
p.  y  the  yearly  interest  on  said  bonds  and  provide  a  fund  for  the  liquidation 
o:  the  principal  thereof  as  they  become  due,  and  it  shall  be  unlawful  for  the 
t<  wnship  trustee  or  advisory  board  to  apply  the  funds  arising  from  such  levy 
t(   any  other  purpose. 

[Acts  1917,  p.  376.] 

580.  School  Bonds  and  Levies  Legalized.     1.     That  all  bonds  here- 
t  fore  issued  by  the  order  and  direction  of  the  board  of  school  trustees  or 

0  ,her  authorities  of  any  school  iity  or  s-'  hool  town  of  this  state,  and  all  levies 
n  ade  for  the  vayment,  under  color,  of  any  statute  of  this  state  for  the  build- 
ii  .g  of  schoolhouses  for  the  use  of  said  school  «'ity  or  school  town  and  said 
s  ;hool  trustees  having  sold  said  bonds  and  failed  to  construct  said  buildings, 
a  re  hereby  legalized,  and  all  proceedings  or  acts  of  any  such  board  of  trustees 
c  f  said  city  or  town  under  which  said  bonds  and  levies  were  issued,  are  hereby 
f  illy  legalized  and  declared  valid,  and  all  the  funds  derived  from  sale  of  said 

1  onds  now  in  the  hands  of  the  treasurer  of  any  such  school  city  or  school 
tDwn  shall  be  transferred  to  the  svecial  school  fund  of  said  city  or  town  and 
I  ecome  a  part  of  said  fund  and  may  be  used  for  any  purpose  for  which  said 
special  school  fund  may  be  used. 

581.  Acts  of  School  Trustees  Legalized.     2.     That  where  heretofore 
;,ny  levies  have  been  made  by  order  of  the  board  of  school  trustees  or  other 
authorities  of  any  school  city  or. school  town  under  ^olor  of  any  statute  of 

-his  state  for  the  purpose  of  payment  of  any  bonds  to  be  thereafter  sold 
:  or  the  construction  of  any  schoolhouse  or  for  the  making  of  any  schoolhouse 
sanitary  for  the  use  of  said  school  city  or  school  town  and  said  bonds  were  for 
my  cause  not  issued  and  sold  and  the  funds  derived  from  said  levies  were 
not  used  for  the  purpose  of  paying  said  bonds  or  of  making  said  schoolhouse 
sanitary,  are  hereby  legalized  and  all  proceedings  or  acts  of  any  such  board 
of  trust* •«  >  of  such  city  or  town  under  which  said  levies  were  made  are  hereby 
fully  legalised  and  declared  valid  and  the  funds  derived  from  the  said  levies 
now  in  the  hands  of  the  treasurer  of  any  such  school  city  or  school  town  or 
to  come  into  his  hands  from  any  said  existing  levies  shall,  if  collected 
or  hereafter  collected,  be  transferred  to  the  special  school  fund  of  said  .-ity 
or  town  and  become  a  part  of  said  fund,  and  may  be  used  for  any  pur; 
for  which  the  special  school  fund  of  said  city  or  town  may  be  used. 

582.  Manual   Training   and    Domestic    Science   Levies    Legalized. 

3.  That  where  heretofore  any  levies  have  been  made  by  order  of  the  board 
of  school  trustees  or  other  authorities  of  any  school  city  or  school  town  in  this 


K--I 


254  SCHOOL   LAWS    OF   INDIANA 

state  for  the  purpose  of  creating  funds  to  carry  on  the  teaching  of  manual 
training  and  domestic  science  under  a  belief  and  apprehension  that  such 
levies  were  authorized  under  the  Vocational  Education  laws,  and  the  funds  so 
derived  from  such  levies  have  been  used  for  the  purpose  of  teaching  manual 
training  and  domestic  science,  are  hereby  fully  legalized,  and  said  expendi- 
tures so  made  are  hereby  fully  legalized  and  declared  valid,  and  all  funds  de- 
rived from  said  levies  now  in  the  hands  of  the  treasurer  of  any  school  city  or 
school  town,  and  all  funds  which  may  hereafter  come  into  his  hands  from 
any  such  existing  levies,  shall,  when  collected,  be  transferred  to  the  srecial 
school  fund  of  said  school  city  or  school  town  and  become  a  part  of  said  funds 
and  may  be  used  for  any  purpose  for  which  said  special  school  fund  may  be 
used. 

[Acts  1917,  p.  684.] 

583.  Erection  of  New  School  Buildings — Funds.     1.     That  when 
any  township  in  this  state  in  which  any  school-building  or  school-buildings 
shall  have  been  condemned  by  the  state  board  of  health  as  insanitary,  unsafe 
or  unfit  for  use  stall  desire  to  erect  a  new  school-building  or  a  new  central 
school  building  to  accommodate  the  pupils  of  school  age  resident  within  such 
township,  and  provide  for  their  education  either  in  the  common  or  high 
school  bran3hes  of  study;  and  when  the  indebtedness  necessarily  incurred  in 
erecting  such  school-building  or  school-buildings  and  purchasing  the  neces- 
sary grounds  will  be  in  excess  of  the  two  per  cent  (2%)  constitutional  debt 
limit  of  such  school  township,  the  trustee  and  advisory  board  of  such  township 
may  proceed,  in  the  manner  hereafter  provided,  to  borrow  the  money  neces- 
sary to  erect  such  school-building  or  school-buildings  and  to  purchase  the 
necessary  grounds  and  to  issue  the  bonds  of  such  school  township  and  civil 
township,  respectively,  in  any  amount  sufficient  to  defray  the  exoense  of 
erecting  such  school-bunding  or  school-buildings  and  purchasing  such  school 
grounds,  not  exceeding  in  the  aggregate  twenty-five  thousand  dollars  ($25.000). 

584.  Emergency  Declared.     2.     Upon  a  special  call  of  the  trustee  of 
such  township,  given  in  writing  to  each  member  of  the  advisory  board  of 
such  township,  stating  the  time,  place  and  purpose  of  the  meeting,  such 
advisory  board  may,  if  a  quorum  be  present,  by  consent  of  a  majority  of 
all  the  members  present,  declare  that  an  emergency  exists  for  the  borrowing 
of  money  by  and  the  issuance  of  the  bonds  of  such  school  and  civil  township 
for  the  purpose  of  purchasing  grounds  and  erecting  a  school- building  or  school- 
buildings. 

585.  Bonds  Authorized.     3.     In  the  event  that  such  emergency  shall 
be  declared  to  exist,  such  advisory  board  shall  authorize  such  trustee,  by 
special  order,  entered  and  signed  upon  the  record,  to  borrow  a  sum  of  money, 
to  be  named,  sufficient  to  defray  the  expenses  of  purchasing  such  school 
grounds  and  erecting  such  school-building  or  school-buildings.     Such  advisory 
board  shall,  in  like  manner,  authorize  su^h  trustees  to  issue  the  bonds  of  such 
school  township  and  of  such  civil  township  in  such  amounts,  and  in  s'ir»h 
denominations,  as  may  be  necessary  to  secure  the  money  borrowed  to  defray 
the  expenses  hereinbefore  provided  for.     Such  bonds  so  issued  shall  bear 
interest  at  a  rate  not  exceeding  five  per  oent  (5%)  per  annum,  to  be  sold  for 


SCHOOL    LAWS    OF    INDIANA  255 

no    less  than  par,  and  payable  at  such  times,  within  twenty  (20)  years  from 
tb    date  of  issuance,  as  such  advisory  board  may  determine. 

586.  Debt  of  Civil  and  School  Township.     4.     The  amount  of  money 
n;  ned  by  S'^ch  advisory  board  as  ne.  <-ssary  for  the  purposes  hereinbefore 
ei  imerated  in  this  act  shall  be  borrowed  by  such  trustee  as  trustee  of  such 
so  tool  township,  and  as  trustee  of  such  fivil  township  respectively,  in  sach 
p^  )oortionate  amounts  as  such  advisory  board  may  determine,  not  to  exceed, 
in  either  case,  two  per  cent  (2%)  on  the  value  of  the  taxable  property  within 
s'  3h  school  township  or  civil  township,  to  be  ascertained  by  the  assessments 
la  ;t  preceding  for  state  and  county  taxes.     The  debt  created  by  the  money 
b  rrowed  by  such  trustee  as  trustee  of  such  school  township,  and  the  bonds 
is  ued  as  evidence  of  such  indebtedness  shall  be  deemed  and  considered  as 
t'  e  debt  of  such  school  township  and  such  school  township  shall  be  liable 
t  erefor;  the  debt  Created  by  the  money  borrowed  by  sii3h  trustee  as  trustee 

0  such  civil  township  and  the  bond  issued  as  evidence  of  s-ich  indebtedness 
s  all  be  deemed  and  considered  as  the  debt  of  such  civil  township,  and  such 
c  vil  township  shall  be  liable  therefor. 

587.  Tax  Levy.     5.     For  tne  purpose  of  raising  money  to  pay  such 

1  mds  and  the  interest  thereon,  as  the  same  shall  become  due,  srch  advisory 
1  3ard  shall  levy  an  annual  tax  on  all  taxable  property  situated  within  such 
s  thool  township  and  civil  township  in  su3h  amount  as  may  be  necessary 
t  >  pay  the  interest  and  retire  such  bonds  as  they  mature. 

588.  Expenditure  of  Funds.     6.     The  money  obtained  as  a  loan  OD 
s  ach  bonds  shall  be  disbursed  by  su<  h  trustee  and  advisory  board  in  payment 
(  f  t^e  exv-enses  incurred  in  buying  grounds  and  building  a  new  school- building 
i  nd  for  no  other  purpose  whatsoever. 

589.  Sale  of  Bonds.     7.     Before  issuing  such   bonds,  swh  township 
trustee  shall  advertise  that  bonds  are  to  be  sold  in  not  less  than  one  issue  a 
"v^eek  for  three  (3)  weeks,  in  some  paper  of  general  circulation  published  in 
•  he  county  in  which  su-^h  townshir-  is  situated,  setting  forth  the  amount  of 
')onds  offered,  the  denomination,  the  period  to  r^n,  the  rate  of  interest,  and 

he  date,  pla^e  and  ho'ir  of  selling.     The  township  advisory  board  shall 
attend  the  sale  of  bonds  and  shall  concur  therein  before  such  bonds  are  sold. 


256 


SCHOOL    LAWS    OF    INDIANA 


CHAPTER  XXIV. 

TEXT-BOOKS. 


SEC. 

590.  Selection  of  text-books. 

591.  Schools — Text-books — Bids    called 

for. 

591a.  Bids — Contracts — Terms. 

592.  May  procure  manuscripts. 

593.  State  not  liable. 

594.  Governor  ^proclamation. 

595.  Sale  for  more  than  contract  price. 

596.  Embezzlement. 

597.  Books  for  poor  or  indigent  children. 

598.  Failure  to  report — Embezzlement. 


SEC. 

599.  Books  to  be  uniformly  used. 

600.  Schools — Uniform  text-books. 

601.  Name  and  price  of  books  on  cover. 

602.  Conditions  for  adoption  of  school 

text-books. 

603.  Approval  of  bond. 

604.  Price  restricted. 

605.  Authority  to  purchase — Price  list. 

606.  Appointment  of  dealers  and  agents. 

607.  "Person"  defined. 

608.  Penalty. 


[Acts  1917,  p.  441.     Approved  March  8,   1917.] 

590.  Selection  of  Text-Books-     1.     That  the  state  board  of  education 
shall  Constitute  a  board  of  commissioners  for  the  purpose  of  making  a  selec- 
tion, or  procuring  the  compilation  for  use  in  the  common  s  hools  of  the  State 
of  Indiana,  of  a  series  of  text-books  in  the  following  branches  of  study,  viz.: 
Spelling,  reading,  including  primer,  arithmetic,  geography,  English  grammar, 
j  hysiology,.  history  of  the  United  States,  domestic  science,  agriculture  and 
industrial  arts,  and  a  graded  series  of  writing  books.     The  matter  con- 
tained in  the  readers  shall  consist  of  lessons  commencing  with  the  simplest 
expressions  of  the  language,  and  by  (a)  regular  gradation,  advancing  to  and 
including  the  higher  styles  of  composition,  both  in  poetry  and  prose:     Pro- 
vided, That  none  of  said  text-books  shall  contain  anything  of  a  partisan  or 
sectarian  character:     And  provided,  further,  That  the  foregoing  books  shall 
be  at  least  equal  in  size  and  quality,  as  to  matter,  material,  style  of  binding 
and  mechanical  execution  to  standard  text-books  now  in  general  use. 

591.  Schools — Text-Books — Bids    Called    For.     2.     The    board    of 
commissioners  shall  advertise  for  twenty-one  consecutive  days  in  two  daily 
papers  published  in  this  state,  having  the  largest  circulation,  that  at  a  time 
and  place  to  be  fixed  by  said  notice,  and  not  later  than  six  months  after  the 
first  public  ation^thereof  said  board^will  receive  sealed  proposals  on  the  fol- 
lowing : 

First.  From  publishers  of  school  text-books,  for  furnishing  books  to 
the  school  trustees  of  the  State  of  Indiana  for  use  in  the  common  schools  of 
this  state,  as  provided  in  this  act,  for  a  term  of  five  years,  stating  specifically 
in  such  bid  the  price  at  which  each  book  will  be  furnished,  and  accompanying 
such  bid  with  specimen  copies  of  each  and  all  books  proposed  to  be  furnished 
in  such  bid. 

Second.  From  authors  of  school  text-books,  who  have  manuscripts 
of  books  not  published,  for  prices  at  which  they  will  sell  their  manuscript, 
together  with  the  copyright  of  such  books,  for  use  in  the  public  schools  of 
the  State  of  Indiana. 


rl  bird.     Froi 


SCHOOL    LAWS    OF    INDIANA  257 


From  persons  who  an-  willing  to  undertake  the  compilation  of  a 
boo!  or  books,  or  a  series  of  books,  as  provided  for  in  section  one  (1)  of  this 
act,  the  prices  at  which  they  are  willing  to  undertake  such  compilation  of 
any  »r  all  of  such  books  to  the  acceptance  and  satisfaction  of  tin-  said  1  oard  of 
com  nissioners:  Provided,  That  any  and  all  bids  by  publishers,  herein  pro- 
vide I  for,  must  be  accompanied  by  a  bond  in  the  penal  sum  of  fifty  t  housand 
doll  rs,  ^ath  resident  freehold  sarety,  to  the  aoc'.-ptan  •<•  and  satisfaction  of 
the  Jovernor  of  this  state,  conditioned  that  if  any  contract  be  awarded  to  any 
bi<l<  T  hereunder,  such  bidder  will  enter  into  a  contract  to  perform  the  con- 
diti-  ns  of  his  bid  to  the  acceptance  and  satisfaction  of  said  board:  And  pro- 
vide ,  further,  That  not  bid  shall  be  considered  unless  the  same  be  accompani-d 
by  t  ie  affidavit  of  the  bidder  that  he  is  in  nowise,  directly  or  indirectly,  con- 
ne^  3d  with  any  other  publisher  or  firm  who  is  now  bidding  for  books  sub- 
mit (1  to  such  board,  nor  has  any  pecuniary  interest  in  any  other  publisher 
or  J  -in  bidding  at  the  same  time,  and  that  he  is  not  a  party  to  any  compact, 
syn  ir-ate  or  other  scheme  whereby  the  benefits  of  '-ompetition  are  denied 
to  t  ie  people  of  this  state:  And  be  it  further  provided,  Thr.t  if  any  competent 
aut  or  or  authors  shall  compile  any  one  or  more  books  of  the  first  order  of 
exc  Hence,  and  shall  offer  the  same  as  a  free  gift  to  the  people  of  this  state, 
tog'  ther  with  the  copyright  of  the  same  and  the  right  to  manufacture  and  sell 
su«;  i  works  in  the  State  of  Indiana  for  use  in  the  public  schools,  it  shall  be 
the  luty  of  such  board  of  commissioners  to  pay  no  money  for  any  manuscript 
or  <  opyright  for  such  book  or  books  on  the  subject  treated  of  in  the  manu 
s  -ri  ,t  so  donated;  and  such  board  shall  have  the  right  to  reject  any  and  all 
bid  ,  and  at  then*  option  s«>ch  board  shall  have  the  right  to  reject  any  bid 
as  1  o  a  part  of  such  books,  and  to  accept  the  same  as  to  the  residue  thereof. 
(§6*25.) 

'"his  section  is  not  open  to  the  objection  that   it   creates  a  monopoly. — State  v. 
II;n-orth.  r_"_>  Ind.   If,-.  :.>:<  N.  E.  946. 

591a.  Bids — Contracts — Terms.  3.  It  shall  be  the  duty  of  such 
bo;rd  tn  in.  i  i  at  the  time  and  place  mentioned  in  such  notice,  and  open 
anc  examine  ;dl  sealed  proposals  received  pursuant  to  the  notice  provided 
for  in  section  two  (2)  of  this  act,  and  t  shall  be  the  further  duty  of  such  board 
to  nake  a  full,  complete  and  thorough  investigation  of  all  such  Lids  or  pro- 
po:-alsand  to  ascertain  under  which  of  said  proposals  or  pro;  ositions  the  school 
bocks  could  be  furnished  to  the  people  of  this  state  for  use  in  the  common 
schools  at  the  lo\\est  price,  taking  into  consideration  the  size  and  q1  j-lity 
as  to  matter,  material,  style  of  binding  and  mechanical  execution  of  such 
books:  I'ruridfil.  ulinii/s.  That  s-u-h  board  shall  not  in  an\ 
wii  h  anv  author,  publisher  or  publishers  for  the  furnishing  of  any  i 
in:  ii'iscript,  copyright  or  books  which  shall  be  sold  to  patrons  for  use  in  the 
pi  tlic  schools  of  this  state  at  a  price  above  or  in  excess  of  t  he  lowest  coi 
sel  ing  price  of  the  same  1  ook  or  books  at  any  place  in  the  United  States, 
wl  ich  prices  shall  ndude  all  costs  and  charges  for  trans;  ortation  to  the  rai'- 
ro;,d  or  river  station  nearest  to  tin  several  depositories  in  this  state:  I'ro- 
9ited,  That  when  any  contractor  furnishing  books  to  be  used  in  the  public 
schools  of  Indiana  ;nder  the  provisions  o"  this  act  shall  contract  to  sell  else- 
where the  same  book  or  books  at  a  lower  price  than  the  contract  price  in 
Indiana,  then  the  said  contra -t«»r  shall  make-  the  said  lower  price  apply  to 

8554 — 17 


258  SCHOOL    LAWS    OF    INDIANA 

all  future  sales  in  Indiana:  Provided,  further,  That  if  said  contractor  sha 
refuse  to  make  such  reduction  in  price  then  the  Governor  of  the  state  sha 
investigate  and  if  he  shall  find  that  the  same  book  is  sold  elsewhere  unde 
like  conditions  at  a  lower  price  than  the  Indiana  contract  price,  he  shall  the 
have  the  power  and  it  shall  be  his  duty  to  order  the  contract  with  Indian 
canceled  and  new  books  advertised  for  as  heretofore  provided:  Provided 
further,  That  no  book  or  books  in  which  any  member  of  the  board  may  hav 
any  financial  interest,  either  directly  or  indirectly  shall  be  adopted  by  sai 
board :  Provided,  further,  That  no  contract  under  the  provisions  of  this  ac 
shall  be  made  for  a  period  exceeding  five  (5)  years.  Nothing  in  this  act  sha 
be  construed  as  affecting  any  contracts  now  existing  relating  to  the  furnishin 
of  school  books  for  this  state:  And  provided,  further.  That  the  letting 
all  contracts  for  books  shall  be  upon  full  and  fair  competition  into  whic 
any  person,  persons,  or  corporation  may  enter  and  may  bid  to  furnish  an 
book  or  books  whether  such  book  or  books  be  at  the  time  in  use  in  th( 
schools  of  the  state  under  contract  or  not. 

592.  May  Procure  Manuscripts.    4.     If,  upon  the  examination  of  sue 
proposals,  it  shall  be  the  opinion  of  such  board  of  commissioners  that  sue 
books  can  be  furnished  cheaper  to  the  patrons  for  use  in  the  common  school 
in  the  state,  by  procuring  and  causing  to  be  published  the  manuscript 
any  or  all  of  such  books,  it  shall  be  their  duty  to  procure  such  manuscript 
and  to  advertise  for  sealed  proposals  for  publishing  the  same,  in  like  manner 
as  hereinbefore  provided  and  under  the  same  conditions  and  restrictions. 
And  such  contract  may  be  let  for  the  publication  of  all  of  such  books,  or  for 
any  one  or  more  of  such  books  separately;  and  it  shall  be  the  further  duty 
of  such  board  of  commissioners  to  provide  in  the  contract  for  the  publica- 
tion of  any  such  manuscript  for  the  payment,  by  the  publisher,  of  the  com 
pensation  agreed  between  such  board  and  the  author  or  owner  of  any  sue 
manuscript  for  such  manuscript,  together  with  the  cost  or  expense  of  copy 
righting  the  same.     (§6327.) 

593.  State  Not  Liable.     5.     It  shall  be  a  part  of  the  terms  and  con 
ditions  of  every  contract  made  in  pursuance  of  this  act  that  the  State  of  In 
diana  shall  not  be  liable  to  any  contractor  hereunder  for  any  sum  whatever 
but  that  all  such  contractors  shall  receive  their  pay  and  compensation  solel 
and  exclusively  from  the  proceeds  of  the  sale  of  the  books,  as  provided  fo 
in  this  act.     (§6328.)          , 

594.  Governor's  Proclamation.     6.     As  soon  as  such  board  shall  ha\ 
entered  into  any  contract  for  the  furnishing  of  books  for  use  in  the  publi 
schools  of  this  state,  pursuant  to  the  provisions  of  this  act,  it  shall  be  the  dut 
of  the  Governor  to  issue  his  proclamation  announcing  such  fact  to  the  peop! 
of  this  state.     (§6329.) 

595.  Sale  for  More  Than  Contract  Price.     12.     Any  school  truste 
charged  with  the  sales  of  any  books  under  the  provisions  of  this  act,  who  sha 
directly  or  indirectly  demand  or  receive  any  money  for  any  book  or  book 
in  excess  of  the  contract  price,  as  hereinbefore  provided,  shall  be  deemed  gui 
ty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  any  sun 
not  less  than  ten  nor  more  than  one  hundred  dollars,  to  which  may  be  adde 
imprisonment  in  the  county  jail  for  a  term  not  exceeding  sixty  days.     ( §6335. 


."96.  Kmbry.y.lrmrnt.  13.  Ally  county  school  superintendent  or 
tru:-  ee  of  any  township  or  school  corporation  in  this  state  who  shall  fraudu- 
lent y  fail  or  refuse,  at  the  expiration  of  the  term  for  which  he  was  elected 
or  ;  Dpointed,  or  at  any  time  during  such  term,  when  legally  required  by 
the  >roper  person  or  authority,  to  account  for  and  deliver  and  pay  over  to  such 
per.-  >n  or  persons  as  may  be  lawfully  entitled  to  receive  the  same,  all  moneys 
or  j-  hool  books  which  may  have  come  into  his  hands  by  virtue  of  the  provi- 
sioi  of  this  a-t.  shall  be  deemed  guilty  of  embezzlement,  and  upon  convic- 
tioi  thereof  shall  be  imprisoned  in  the  state  prison  for  any  period  not  more 
tha  five  years  nor  less  than  one  year  and  fined  in  any  sum  not  exceeding 
one  thousand  dollars,  and  rendered  incapable  of  holding  any  office  of  trust 
or  i  -ofit  for  any  determinate  period.  (§6336.) 

.97.  Books  for  Poor  or  Indigent  Children.  4.  It  shall  be  the 
clut  of  each  township  trustee  and  each  school  board  to  furnish  the  neces- 
sar  school  books,  so  far  as  they  have  been  or  may  be  adopted  by  the  state, 
to  ;  11  such  poor  or  indigent  children  as  may  desire  to  attend  the  common 
sch  ols  of  his.  or  its,  corporation,  as  in  his,  or  its,  opinion  would  be  otherwise 
un.-i  >le  to  attend  such  schools:  Provided,  That  no  township  trustee  in  this 
stai  3  shall  receive  an  amount  exceeding  five  dollars  as  compensation  for  his 
sen  ices  in  any  one  year  for  duties  performed  in  carrying  out  the  provisions 
of  t  lis  act,  or  the  act  to  which  it  is  supplemental.  (§6341.) 

>98.  Failure  to  Report — Embezzlement.  10.  Any  county  school 
sup  •rintendent,  or  trustee  of  any  township,  or  member  of  any  school  board 
in  this  state,  who  shall  fraudulently  fail  or  refuse,  at  the  expiration  of  the 
ten  i  for  which  he  was  elected  or  appointed,  or  at  any  time  during  such  term, 
\v!n  u  legally  required  by  the  proper  person  or  authority  to  account  for  and 
deliver  and  pay  over  to  such  person  or  persons  as  may  be  lawfully  entitled 
to  receive  the  same,  all  moneys  or  school  books  which  may  come  into  his 
liai.ds  by  virtue  of  the  provisions  of  law,  shall  be  deemed  guilty  of  em- 
he/,  '.lenient .  and  upon  conviction  thereof  shall  be  imprisoned  in  the  state 
prison  not  more  than  five  nor  less  than  one  year,  and  fined  in  any  sum  not 
exc  ediiiLT  one  thousand  dollars,  and  rendered  incapable  of  holding  any  office 
of  trust  or  profit  for  any  determinate  period.  (§6347.) 

599.  Books  to  be  Uniformly  Used.      11.     The  books  which  have  been, 
or  may  hereafter  be,  adopted  by  the  State  of  Indiana  for  use  in  its  common 
sch  mis  1>\  virtue  of  this  act.  or  the  act  mentioned  in  section  one  hereof,  shall 
be  uniformly  used  in  all  the  common  schools  of  the  state,  in  teaching  the 
brandies  of  learning  treated  of  in  such  books,  and  it  shall  be  the  duty  of  the 
l>r<  per  school  officers  and  authorities  to  use  in  such  schools  such  books  for 
teaching  the  subjects  treated  in  them.     (§6348.) 

[Acts  1913,  p.  Ho | 

600.  Schools— Uniform  Text-Books.     1.     That  the  state  board    of 

education  shall  constitute  a  board  of  commissioners,  for  the  pur]  ose  of  mak- 
ing a  selection,  or  procuring  the  com*  ilation  Tor  ».se  in  the  high  schools  of 
tin  State  of  Indiana,  of  text-books,  as  prescribed  in  this  act. 

Said  board  shall  select  single  text-books  in  the  following  subjects:  Al- 
gebra; geometry;  commercial  arithmetic;  history;  United  States,  ancient. 


260 


SCHOOL    LAWS    OF    INDIANA 


mediaeval  and  modern;  civil  government;  physical  geography;  commercial 
geography;  history  oi'  English  literature;  history  of  American  literature; 
English  composition  and  rhetoric;  Latin, — beginning  Latin,  Latin  grammar, 
rrose  composition,  Caesar,  Cicero,  Virgil;  German  conversational  method 
grammar  and  grammatical  method  grammar. 

The  board  shall  select  four  elective  text-books  in  each  of  the  following 
subjects:  Botany,  zoology;  physics;  chemistry;  agriculture;  agricultural 
botany. 

Said  board  may  select  single  or  elective  text-books  in  any  additional  sub- 
jects not  included  in  this  section,  which  are  taught  in  any  high  school  or  any 
subject  which  may  hereafter  be  included  in  the  curriculum  of  any  high  school, 
whenever  any  high  school  shall  determine  to  teach  such  subject,  and  when- 
ever such  selection  is  made  by  said  board,  the  text-book  so  selected  shall  be 
used  in  all  high  schools  in  the  State  of  Indiana,  teaching  said  subject. 
(§6324a.) 

601.  Name  and  Price  of  Books  on  Cover.      13.     It  shall  be  the  duty 
of  any  person  or  persons,  firm  or  corporation  who  may  hereafter  furnish  and 
supply  books  under  the  provisions  of  this  statute,  or  of  the  Act  of  1889,  the 
title  whereof  is  set  out  in  the  first  section  of  this  act,  to  print  in  large  letters 
upon  the  outside  of  the  first  cover  of  each  book  so  furnished  and  supplied 
by  him  or  them,  the  name  of  the  adopted  book,  and  upon  the  outside  of  the 
the  back  cover  the  price  at  which  such  book  is  furnished  to  be  sold  to  pupils, 
under  such  contract,  and  it  shall  be  the  duty  of  all  county  superintendents, 
township  trustees,  and  other  school  officers  and  school  teachers,  to  see  that 
all  books  so  furnished  to  pupils,  and  bought  by  pupils  for  use  in  the  schools 
of  the  state  shall  bear  such  imprint:     Provided,  T!iis  section  shall  not  apply 
to  copy  books.     (§6350.) 

[Acts  1917,  p.  539.    Approved  March  8,  1917.] 

602.  Conditions   for   Adoption   of   School    Text-Books.      1.     That 
no  }  erson  shall  offer  any  school  text-book  for  adoption,  sale  or  exchange  in 
the  State  of  Indiana  until  he  shall  have  complied  with  the  following  condi- 
tions : 

1.  He  shall  file  copies  of  all  text-books  proposed  to  be  sold  in  the  state 
by  the  company  manufacturing  such  book  or  books,  in  the  office  of  the  state 
superintendent  of  public  instruction  with  a  sworn  statement  of  the  usual  list 
prine,  the  lowest  net  wholesale  price,   and  the  lowest  net   exchange   j  rice 
at  which  said  book  is  sold  or  exchanged  for  an  old  book  on  the  same  subject 
of  like  grade  and  kind,  but  of  a  different  series. 

2.  He  shall  file  with  tne  state  superintendent  of  public  instraction  a 
bond  with  a  responsible  surety  company  authorized  to  do  business  in  the 
State  of  Indiana  as  surety  thereon,  in  a  penal  sum  to  be  determined  by  the 
state  superintendent  of  public  instruction,  not  less  than  two  thousand  dol- 
lars ($2,000)  nor  more  than  ten  thousand  dollars  ($10,000),  conditioned  as 
follows : 

(a)  That  he  will  furnish  any  of  the  text-books  listed  in  said  statement 
and  in  any  other  statement  subsequently  filed  by  him  within  five  (5)  years, 


SCHOOL    LAWS    OF    INDIANA  261 

to  fi  iy  school  district  and  any  school  '  orporation  in  the  State  of  Indiana  at 

the   o\\est  price  •  •ontained  in  -aid  statement  and  that  he  will  maintain  said 
prl     uniformly  throughout  the  state; 

6)  That  lie  will  reduce  such  prices  in  Indiana  whenever  reductions  are 
nun  el-ewhere  in  the  United  States,  so  that  at  no  time  shall  any  book  so 
file,  and  li>ti-«l  \>y  him  be  sold  in  the  State  of  Indiana  at  a  higher  net  price 
tha  is  re«-ei\  ed  for  s"ch  book  elsewhere  in  the  United  States. 

c)  That  all   text-books  offered  for  sale,  adoption,  or  exchange  in  the 
Sta  e  of  Indiana,  shall  be  equal  in  quality  to  those  deposited  in  the  office  of 
tlie  state  superintendent  of  public  instruction  as  regards  paper,  binding, 
T  rii  t,  illustrations,  subject-matter,  and  all  other  particulars  that  may  effect 
the  ,alue  of  such  text-books; 

d)  In  case  he  shall  prepare  an  abridged  or  special  edition  of  any  of  the 
boc  cs  so  listed  by  him,  and  shall  sell  such  special  edition  elsewhere  at  a  lower 
wh<  lesale  price  than  the  wholesale  price  scheduled  with  the  state  superinten- 
der    .he  shall  file  a  copy  of  such  special  edition  together  with  the  price  there- 
of ;  s  above  stated,  with  the  state  superintendent  of  public  instruction; 

e)  He  stall  not  enter  into  any  understanding,  agreement  or  combination 
to  (  mtrol  the  prices  or  to  restrict  competition  in  the  sale  of  school  text-books. 

>03.  Approval  of  Bond.  2.  Such  bond  shall  be  approved  by  the 
at  t .  rne\  -general  and  shall  continue  in  force  for  a  period  of  five  (5)  years  after 
its  iling,  at  or  before  the  expiration  of  such  period  a  new  bond  shall  be  given, 
or  i  he  right  to  continue  business  within  the  state  shall  be  forfeited. 

601.  Pri<  <•  Restricted.  3.  It  shall  be  unlawful  for  any  retail  dealer 
in  iext-l>ooks  to  sell  any  books  listed  with  the  state  superintendent  of  public 
insi  ruction  as  hereinbefore  provided  at  a  price  exceeding  twelve  per  3ent 
(12%)  advanc,.  ,m  the  net  price  as  so  listed.  The  dealer  shall  pay  all  trans- 
portation charges. 

605.  Authority  to  Purchase— Price  List.     4.     School  cities,  towns 

am  townships  are  herehy  autlmri/i  d  to  purchase  text-books  from  the  pub- 
lishers at  the  prices  listed  with  the  state  superintendent  of  public  instruction 
as  aereinbefon  |  ro\  ided  and  to  sell  said  books  to  the  pupils  at  said  listed 
pri'-cs  or  at  such  prices  as  will  include  the  cost  of  transportation  and  the  cost 
of  handling. 

606.  Appointment  of  Dealers  ami  Agents.     5.     That  on  and  after 
tal  inir  effect  of  this  act  every  contract  made  by  the  state  board  of  education 
as  i  state  board  of  school  book  commissioners  for  furnishing  both  common  and 
hifjh  school  books,  shall  provide  that  the  county  superintendent  of  schools 
in  aach  county  of  the  state  shall  ap:>oint  two  (2)  or  more  dealers  or  agents 
wi  hin  the-'ounty  who  shall  have  charge  of  the  sale  and  distribution  of  school 
books  contra-led  for  by  such  board  of  school  book  commissioners,  and  who 
sh;  11  carry  a  sufficient  supply  of  such  adopted  books  to  supply  the  patrons  of 
tho  county.     The  said  dealer  or  agents  shall  also  furnish  each  publisher  hold- 
ing a  contract  with  the  State  of  Indiana  under  this  act,  satisfactory  evidence 
of  bis  financial  responsibility,  or  furnish  a  surety  bond  covering  the  estimated 


262 


SCHOOL   LAWS    OF    INDIANA 


amount  of  sales  to  be  made  by  him  in  any  year :  Provided,  further,  That  said 
dealer  or  agents  pay  cash  to  the  contractor  or  publisher  for  all  books  received 
within  sixty  (60)  days  of  the  shipment  of  such  books.  It  shall  be  the  duty  of 
said  dealer  or  agents  annually  in  July  to  ascertain  from  the  county  superin- 
tendent the  probable  number  of  books  that  will  be  needed  to  supply  the 
schools  for  the  ensuing  year,  and  upon  receipt  of  this  information  he  shall 
order  said  books  on  or  before  the  first  day  of  August  in  each  year. 

607.  "Person"  Defined.     6.     The  word  "person"  whenever  used  in 
this  act  shall  be  construed  to  mean  a  person,  firm,  corporation  or  association. 

608.  Penalty.     7.     Any  person  violating  any  of  the  provisions  of  tl 
act  shall,  on  conviction  thereof,  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars  ($500)  or  by  imprisonment  not  exceeding  three  (3)  months, 
or  by  both  firm  and  imprisonment  at  the  discretion  of  the  court. 


263 


CHAPTER  XXV. 
/OMPULSORY  EDUCATION  AND  ATTENDANCE  OFFICER. 


Schools — Compulsory      attendance 

of  children. 

Age  limit — Employment. 
Attendance  officer — Dutie*. 
Schools — Attendance  officers — How 

appointed. 

Number  of  attendance  officers. 
Per  diem. 

Record  of  attendance. 
State  board  of  truancy. 
A  Distance  furnished. 


SEC. 

618.  Separate  schools  for  incon-ii/iblcs. 

619.  Confirmed  truant. 

620.  Expenses — Special  levy. 

621.  Duties  of  enumerators. 

622.  Information  for  attendance  officer. 

623.  Penalty 

624.  Schools  —  Eleemosynary      institu- 

tions. 

625.  Compulsory  education  of  dependent 

children. 


[Acts  1913,  p.  616.] 

609.  Schools — Compulsory  Attendance  of  Children.  1.  That  it  shall 
!>«'  he  duty  of  every  parent,  guardian,  or  other  person,  in  the  State  of  Indiana, 
ha1  ing  the  control  or  charge  of  any  child,  to  cause  such  child  to  attend  regular- 
ly <  public,  private,  or  parochial  day-school,  or  two  or  more  of  such  schools,  dur- 
ing each  school  year  for  a  term  or  period  not  shorter  than  that  of  the  common 
sch  )ols  of  the  school  corporation  in  this  state  where  the  child  resides.  This 
pec  ion  shall  apply  to  every  child  not  physically  or  mentally  disqualified  as 
hei.'inafter  vrovidcd,  who  shall  be  of  the  age  of  seven  years  and  of  not  more 
tii;  n  the  age  of  fourteen  years,  and  shall  apply  to  every  child  of  fourteen 
ye:  rs  or  more  and  not  more  than  sixteen  years  of  age,  who  is  not  actually 
am  regularly  emj.loyed,  during  the  hours  of  the  common  school  of  such  school 
corporation,  in  a  useful  employment  or  service,  or  is  not  lawfully  emuloyed 
in  a,  gainful  servi ••<>  agreeably  to  the  provisions  of  this  act  concerning  the 
employment  of  children  in  gainful  occupations.  If  a  child  otherwise  subject 
to  h<-  provisions  of  this  act  shall  be,  as  evidenced  by  a  certificate  of  a  reput- 
able, duly  licensed,  and  practicing  physician,  either  physically  or  mentally 
unlit  to  attend  school,  then  during  s-n-h  disability  this  act  shall  not  apply 
to  w]\  child.  If  in  the  absence  of  such  certificate,  the  person  having  control 
or  charge  of  any  child  shall  claim  that  it  is  so  physically  or  mentally  unfit, 
tin  n  it  shall  be  the  duty  of  the  common  school  corporation,  where  the  child 
resides,  to  cause  the  child  to  be  examined  by  such  physicaii  or  physicians, 
and  if  such  physn-an  or  physicians,  shall  certify  that  such  child  is  mentally 
or  physi.  ally  fit  to  attend  school,  then  such  -hild  shall  not  be  exempt  from 
tin  provisions  of  this  act,  but  unless  they  so  certify  sin-h  child  shall  be  ex- 
en  pt  from  the  provisions  of  this  act  during  the  continuance  of  SIM-''!  disability: 
Provided,  If  a  child,  otherwise  subject  to  the  provisions  of  this  act,  shall  by 
recson  of  deafness,  or  partial  deafness,  or  of  blindness,  or  pa  tial  blindness, 
be  unable  to  secure  in  the  school  named  herein  a  proper  education  by  use  of 
the  sense  of  hearing,  or  of  the  sense  of  sight,  the  parent,  guardian,  or  other 
pe.-son  having  the  control  or  charge  of  such  children  shall  cause  t  hem  between 
seven  and  eighteen  years  of  age  to  attend  the  Indiana  state  school  for  the 
deif,  or  the  Indiana  school  for  the  blind,  during  the  full  scholasti  terms 


264 


SCHOOL   LAWS    OF   INDIANA 


of  said  schools  unless  discharged  therefrom  by  the  board  of  trustees  of  either 
of  said  schools;  and  the  employment  imder  the  provisions  of  this  act  of  any 
of  said  children  between  the  ages  of  seven  and  eighteen  years  during  the  school 
terms  of  said  schools  respectively  is  hereby  prohibited  unless  a  certificate  of 
discharge  issued  by  the  superintendent  of  either  of  said  schools  be  presented 
as  herein  provided.  Application  for  admission  of  such  children  to  such 
schools,  respectively,  shall  be  made  out  in  the  usual  form  and  passed  upon  by 
the  board  of  trustees  of  said  respective  schools,  and  no  child  shall  be  permitted 
to  enter  either  of  said  schools  until  the  application  shall  have  been  accepted 
by  the  proper  board  of  trustees,  and  upon  the  rejection  of  any  child's  appli- 
cation by  either  of  said  boards,  neither  such  child  nor  its  parent,  guardian, 
or  other  person  having  control  or  charge  of  it,  shall  thereafter,  in  respect  of 
such  child,  be  subject  to  the  provisions  of  this  act,  until  such  child's  applica- 
tion shall  be  accepted. 

For  the  purpose  of  enforcing  this  act  the  age  of  children  shall  be  established, 
if  possible,  first,  by  a  duly  verified  copy  of  birth  certificate  or  baptismal  cer- 
rificate  or  passport  to  be  produced  to  the  proper  common  school  corporation 
by  parents,  guardians  or  other  persons  having  control  or  charge  of  children. 
If  neither  such  certificate  nor  passport  exists,  then  the  age  shall  be  established 
by  the  first  school  enumeration  in  whifh  the  age  of  the  child  appears.  If 
there  be  no  such  enumeration  then  by  the  affidavit  of  the  parent,  guardian,  or 
other  person  having  control  or  charge  of  children,  and  the  supporting  affidavit 
of  some  disinterested  person.  (§6675.) 

610.  Age  Limit — Employment.  2.  No  child  under  sixteen  years 
of  age  who  under  the  provisions  of  this  act  would  otherwise  be  required  to 
attend  school,  shall  be  employed  in  any  occupation  during  hours  wherein  the 
common  schools  at  the  residence  of  the  child  are  in  session,  unless  the  child 
shall  have  attained  the  age  of  fourteen  years  and  shall  have  procured  a  cer- 
tificate from  the  executive  officer  of  the  common  school  corporation  of  which 
the  child  is  a  resident,  or  some  person  designated  by  him,  showing  the  age, 
date  and  place  of  birth,  if  known,  or  ascertainable,  of  such  child  and  showing 
that  the  child  has  passed  the  fifth  grade  in  the  common  schools,  or  its  equival- 
ent and  a  written  and  signed  statement  from  the  child's  employer  showing  that 
the  person  making  it  has  employed  or  is  about  to  employ,  such  child;  and 
showing  the  place  and  character  of  the  employment.  For  the  purpose  of 
making  the  certificate  herein  required,  it  shall  be  the  duty  of  such  common 
school  executive  or  other  person  designated  by  him.  to  obtain  the  information 
required  as  in  section  1  of  this  act.  If  the  date  or  place  of  birth  can  not  be 
ascertained  in  any  of  these  modes,  then  the  school  officer  may  certify  that, 
in  his  opinion,  the  child  is  fourteen  years  of  age,  or  more,  and  is  physically 
fit  to  undertake  the  work  he  intends  to  do  and  to  issue  the  certificate  in  ac- 
cordance therewith  to  the  employer  or  prospective  employer  of  the  child. 
The  employer  shall  keep  the  certificate  on  file  and  shall  produce  it  for  in- 
spection and  demand  by  any  inspector  of  the  department  of  inspection  or 
any  other  official  authorized  by  law  to  inspect  the  same,  and  shall  immediately 
when  his  employment  of  such  child  shall  cease,  in  writing,  notify  the  school 
corporation  of  that  fact  and  the  date  thereof,  on  blanks  to  be  attached  to 
the  certificate  by  the  school  corporation.  It  shall  be  unlawful  for  the  em- 
ployer to  re-employ  the  child  without  a  like  new  certificate.  Such  certifi- 


OF    IND] 


I 


cat-  having  been  presented  to  the  employer,  it  shall  not  be  necessary  for  the 
em;  loyer  to  procure  another  affidavit  of  the  child's  age  for  the  service  in  the 
occ  pation  mentioned  in  the  statement  of  the  employer  to  the  school  cor- 
por  tion.  The  state  board  of  truancy  shall  define  the  meaning  of  the  word 
occ  pation  as  used  in  this  act.  (§6676.) 

ill.  Attendance  Officer — Duties.  3.  Attendance  officers  whose 
ap]  ointment  is  by  this  act  provided  for,  are  hereby  empowered  and  author- 
ize to  enter  any  place  wherein  children  are  employed  for  the  purpose  of 
dei  miming  whether  any  children  are  s*o  employed  in  violation  of  the  pro- 
vis  jns  of  this  act.  It  shall  be  the  duty  of  all  parents,  guardians,  and  other 
pei  >ons  having  control  or  charge  of  children,  and  of  all  employers  of  children, 
to  urnish  the  attendance  officers,  upon  request,  full  information  concerning 
chi  dren  employed  by  them,  and  for  such  purpose  attendance  officers  shall 
ha  e  the  right  to  examine  any  employment  certificates,  notices,  registers,  or 
otl  er  lists  concerning  employed  children,  required  by  the  law  to  be  kept  on 
fik  or  posted  in  places  where  children  are  employed.  (§6677.) 

[Acts  1915,  p.  151.1 

612.     Schools — Attendance      Officers — How      Appointed.     4.      The 

at'endance  officers  mentioned  in  this  act  shall  be  appointed  on  the  first  day 
in  May,  unless  said  day  be  Sunday,  and  if  so,  on  the  following  Monday,  of 
ea  ;h  year  and  shall  take  office  on  the  first  day  of  the  following  August. 
Tl  e  county  board  of  education  shall  appoint  an  attendance  officer  for  the 
co  inty,  who  shall  be  known  as  county  attendance  officer,  and  who  shall  be 
un  der  the  county  superintendent,  in  carrying  out  the  provisions  of  this  sta- 
tu  ;e  and  who  shall  be  subject  to  removal  from  office  by  the  county  board  of 
education  for  inefficiency,  incompetency,  or  neglect  of  duty.  In  counties 
lui  \  ing  a  population  of  fewer  than  twenty-five  thousand  (25,000)  inhabitants, 
according  to  the  last  preceding  United  States  census,  the  county  board  of 
education,  shall  appoint  the  county  attendance  officer,  and  the  person  so 
selected  shall  serve  also  as  probation  officer  of  such  county  unless  the  judge 
of  the  circuit  court  of  such  county  shall  appoint  some  other  person  to  serve 
as  such  probation  officer.  It  shall  be  the  duty  of  such  attendance  officer 
tc  see  that  the  provisions  of  this  act  are  complied  with,  and  when  from  per- 
s<  nal  knowledge  or  by  Teporl  or  complaint  from  any  resident  or  teacher  within 
tie  territory  under  his  supervision,  he  believes  that  any  child,  subject  to 
tl.e  provisions  of  this  act  is  habitually  tardy  or  absent  from  school  he  shall 
ir  imediately  ^ive  or  send  by  mail,  to  the  parent,  guardian,  or  other  person 
hiving  control  or  charge  of  such  child,  a  written  notice  that  the  prompt 
a  id  regular  at  tendance  of  such  child  at  school  is  required,  and,  if  within  five 
O'i)  days  after  this  mailing  <>r  giving  of  notice,  the  person  to  whom  it  shall  be 
x  ven  shall  not  comply  with  the  provisions  of  this  statute  respecting  the  at- 
t  ndance  of  such  child  at  school,  then  such  attendance  officer  shall  make  com- 
laint  against  the  person  so  notified  in  the  juvenile  court  of  that  county,  or 
ie  circuit  court  acting  as  juvenile  court,  or  in  any  court  of  record,  setting 
>rth  the  violation  of  the  provisions  of  this  act.  But  one  notice  shall  be  re- 
quired for  any  one  child  during  any  one  school  year.  Any  person  so  notified 
v  ho  shall  violate  the  provisions  of  this  statute  concerning  the  attendance  of 
a  child  at  school,  shall  be  adjudged  guilty  of  a  misdemeanor  and  upon  con- 


a  cii 

II 


266 


SCHOOL    LAWS    OF   INDIANA 


viction  thereof  shall  be  fined  not  less  than  one  dollar  ($1.00)  nor  more  than 
twenty-five  dollars  ($25.00),  to  which  may  be  added  in  the  discretion  of  the 
court,  imprisonment  in  the  county  jail  for  not  less  than  two  (2)  nor  more  than 
ninety  (90)  days.  Any  attendance  officer  failing  to  perform  any  duties  im- 
posed upon  him  by  the  provisions  of  this  act,  shall  upon  conviction,  be  fined 
in  the  sum  of  five  dollars  ($5.00)  for  each  such  failure. 

613.  Number  of  Attendance  Officers.     5.     A  city  having  a  school 
enumeration  of  2,000  or  more  children,  or  two  or  more  cities  or  towns  in  any 
county  having  a  combined  school  enumeration  of  2,000  or  more,  may,  if 
it  or  they  desire,  constitute  a  separate  district  for  the  administration  of  this 
act.     Cities  of  this  state  having  a  school  enumeration  of  2,000  and  .less  than 
10,000  children,  shall  have  but  one  attendance  officer;   cities  of  more  than 
10,000  and  fewer  than  20,000  may  have  two  attendance  officers;  cities  of  20,000 
and  fewer  than  30,000  may  have  three  attendance  officers;  cities  of  30,000 
and  fewer  then  40,000  may  have  four  attendance  officers ;  and  cities  of  40,000 
or  more  school  enumeration  may  have  five  or  more  attendance  officers,  the 
number  to  be  determined  by  the  board  of  school  commissioners  of  such  city. 
The  attendance  officers  of  cities  and  such  separate  districts  constituted  as 
above  provided,  shall  enforce  the  provisions  of  this  act  in  the  manner  men- 
tioned in  section  4  hereof  and  shall  be  subject  to  the  penalties  therein  men- 
tioned for  failure  in  the  performance  of  duty.     The  attendance  officers  of 
cities  mentioned  in  this  act  shall  be  appointed  by  the  school  trustees  or  board 
of  school  commissioners,  respectively,  of  such  city.     A  person  to  be  eligible 
for  appointment  as  county  or  other  attendance  officer,  in  pursuance  of  this 
act  shall  have  completed  the  eighth  grade  of  the  state's  common  schools  or 
have  an  education  equivalent  thereto.     (§6679.) 

614.  Per  Diem.     6.     Attendance  officers  shall  receive  from  the  county 
treasury  two  dollars  for  each  day  of  actual  service,  to  be  paid  by  the  county 
treasury  upon  a  warrant  signed  by  the  county  auditor,  arid  the  county  coun- 
cil shall  appropriate,  and  the  the  board  of  county  commissioners  shall  allow 
the  funds  necessary  to  make  such  payment.     No  warrant  for  the  payment  of 
such  compensation  to  any  attendance  officer  shall  be  issued  until  the  atten- 
dance officer  shall  have  filed,  with  the  county  auditor  an  itemized  statement 
of  the  time  he  has  been  employed,  and  until  such  statement  shall  have  been 
certified  by  the  superintendent  of  schools  of  the  county  or  of  the  school  cor- 
poration which  he  serves.     (§6680.) 

615.  Record  of  Attendance.     7.     An  accurate  record  of  the  attend- 
ance of  all  children  who  have  reached  the  age  of  seven  years  and  have  not 
passed  the  age  of  sixteen  shall  be  kept  daily  by  the  teacher  of  every  school, 
showing  by  the  year,  month,  day  of  the  month,  and  day  of  the  week,  such 
attendance.     Such  records  shall  at  all  times  be  open  to  the  school  authorities 
of  the  city  or  district  and  every  such  teacher  shall  fully  answer  all  inquiries  law- 
fully made  by  such  school  authorities  or  by  attendance  officers  or  other  duly 
authorized  persons.     All  school  officers  and  teachers  are  hereby  required  to 
make  and  .urnish  all  reports  that  may  be  required  by  the  superintendent 
of  public  instruction,  by  the  state  board  of  truancy,  or  the  attendance  officer 
with  reference  to  the  workings  of  this  act.     (§6681.) 


267 


»16.  State  Board  of  Truancy.  8.  A  state  board  of  truancy,  to  con- 
sist of  the  state  superintendent  of  public  instruction,  a  member  of  the  state 
bo;  :d  of  education,  designated  by  that  board  for  such  purpose,  and  the 
se<  etary  of  the  board  of  state  charities,  is  hereby  created.  Said  board  shall 
ha  e  power  to  determine  the  special  educational  requirements  to  be  possessed 
by  all  persons  appointed  as  attendance  officers  and  shall  take  such  steps 
to^  ard  the  uplift,  unification,  and  systematization  of  methods  of  attendance 
wo  k  in  this  state  as  may  be  deemed  proper  by  them  and  shall  have  all  powers 
sp>  c  fied  in  this  act;  and  shall  have  power  and  be  charged  with  the  duty  and 
res  xmsibility  of  administering  this  act,  defining  the  meaning  of  the  terms  used 
he  ein  and  setting  up  such  standards,  rules,  regulations,  and  procedure  under 
th  provisions  of  this  act  as  may  be  necessary  from  time  to  time  to  carry 
th  same  into  effect  and  which  local  authorities  charged  with  the  adminis- 
tr.  tion  of  this  act  shall  be  required  to  follow.  (§6682.) 

617.  Assistance  Furnished.     9.     If  any  parent,  guardian,  or  other 
p<  'son  having  control  or  charge  of  any  child,  who  is  subject  to  the  provisions 
of  this  act,  does  not  have  sufficient  means  to  furnish  such  child  with  books  and 
el  thing  necessary  to  the  attendance  upon  school,  then  the  school  corporation 
w  lere  such  child  resides  shall  furnish  it  temporary  aid  for  such  purpose, 
\v  uoh  aid  shall  be  alowed  and  repaid  to  such  school  corporation  upon  the 
e<  rtifieate  of  the  executive  officer  of  such  school  corporation,  by  the  township 
o-  erseer  of  the  poor  in  the  manner  provided  by  law  for  the  relief  of  the  poor. 
S  ioh  certificate  shall  be  accompanied  by  such  information  as  will  enable  the 

0  erseer  of  the  poor  to  make  the  reports  required  by  law  governing  the  re- 
li  >f   of    the   poor.     (§6683.) 

618.  Separate  Schools  for  Incorrigibles.     10.     All  common  school 
c<  operations  in  this  state  are  hereby  empowered  to  maintain  either  within  or 
without  the  corporate  limits  of  such  corporation,  a  separate  school  for  in- 
corrigible and  truant  children.     Any  child  who  shall  be  a  truant  or  ncorrig- 
il  »le  may  I  •«•  c<  >mpelled  by  the  school  corporation  to  attend  such  separate  school 
for  an  indeterminate  time.     (§6684.) 

619.  Confirmed  Truant.      11.     Any  child,  subject  to  the  provisions 
of  this  act  who  habitually  absents  itself  from  school  may  be  declared  by  the 
:it tendance  officer  and  superintendent  of  schools  of  the  county  or  of  the  city 
vhere  it  resides  a  confirmed  truant.     Such  confirmed  truant  may  be  sentenced 

1  v  the  judge  of  the  juvenile  court,  or  by  the  judge  of  the  circuit  court  acting 
J  s  judge  of  the  juvenile  court  or  by  the  judge  of  any  court  of  record,  if  a  boy 
to  the  Indiana  boys'  school,  or  if  a  girl,  to  the  Indiana  girls'  school  provided 
f  uch  child  is  within  the  age  limit  set  for  admission  to  such  institutions.    If 
deemed  advisable  by  the  judge  such  incorrigible  child  may  be  sent  to  such 
other  custodial  institution  within  the  state  as  the  judge  may  designate.      Its 

naintenance  in  -uch  institution  shall  be  paid  as  the  law  provides  for  the  main- 
•enance  of  d<  pendent  children  committed  by  the  court  to  such  custodial 
nst it ut ions.  In  all  cases  where  a  child  is  so  committed  to  an  institution  it 
shall  be  placed  in  charge  of  the  probation  officer  or  some  other  person  desig- 
nated by  the  court,  to  be  conveyed  under  his  direction  to  the  designated  in- 
stitution, and  the  actual  necessary  expense  thereby  incurred  shall  be  paid 
by  the  board  of  county  commissioners.  A  woman  shall  always  be  sent  as 
such  attendant  with  girls  so  committed.  (§6685.) 


i 


268 


SCHOOL    LAWS    OF    INDIANA 


620.  Expenses — Special  Levy.     12.     For  the  defraying  cT  the  expen- 
ditures necessary  in  the  carrying  out  of  the  provision  of  this  statute,  common 
school  corporations  of  this  state  are  empowered  to  levy  in  addition  to  any  and 
all  sums  otherwise  provided  by  law  an  amount  of  special  school  revenue 
not  exceeding  five  cents  on  each  $100.00  of  taxable  property,  and  such  taxes 
shall  be  levied  and  collected  as  other  special  school  revenues.     (§6685a.) 

621.  Duties  of  Enumerators.     13.     In  order  that  the  provisions  of 
this  act  may  be  more  definitely  enforced,  it  is  hereby  provided  that  the  enum- 
erators of  school  children,  in  taking  the  annual  school  census  shall  ascertain 
and  record  the  place  and  date  of  birth  of  every  child  enumerated,  and  the 
parent,  guardian,  or  other  persons  having  control  or  charge  of  such  children, 
shall  subscribe  and  take  oath  or  affirmation  that  such  record  is  true  to  the 
best  of  his  information,  knowledge,  or  belief.     The  enumerator  is  hereby  em- 
powered to  administer  such  oath  or  affirmation  and  any  parent,  guardian, 
or  other  person  having  control  or  charge  of  children,  who  shall  refuse  to  take 
such  oath  or  affirmation,  unless  the  refusal  be  based  upon  the  want  of  knowl- 
edge, information,  or  belief,  shall  be  adjudged  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  any  sum  not  less  than  one  dollar 
($1.00).     (§6685f.) 

622.  Information  for  Attendance  Officer.      14.     On  or  before  the 
first  day  of  each  school  year  the  executive  officer  of  each  school  corporation 
shall  furnish  the  attendance  officer  thereof  with  the  names  of  the  children, 
subject  to  the  provisions  of  this  act,  who  are  enumerated  in  the  regular  enum- 
eration lists.     These  names  shall  be  alphabetically  arranged,  and  such  offic:al 
shall  give  to  the  attendance  officer  all  information  contained  in  the  regular 
enumeration  returns  concerning  the  children  so  listed.     The  county  and  each 
school  corporation,  shall  provide  its  own  attendance  officers  with  the  neces- 
sary postage  and  such  blanks  as  may  be  required  by  the  state  board  of  truancy 
or  the  state  superintendent  of  public  instruction  pertaining  to  the  due  ex- 
ecution of  the  duties  of  such  attendance  officers.     (§6685c.) 

623.  Penalty.     15.     Any   parent,   guardian,   or   other  person  having 
control  or  charge  of  children  who   shall  permit   the   employment  of  any 
^hild  in  violation  of  section  2  of  this  act  and  any  one  who  shall  employ  a 
child  in  violation  of  that  section  and  any  person  who  shall  violate  any  pro- 
vision of  this  act,  for  which  offense  no  penalty  is  hereinbefore  denounced, 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined 
not  less  than  ten  dollars,  nor  more  than  fifty  dollars.     (§6685d.) 

[Acts  1911,  p.  332.    Approved  March  4,  1911.] 

624.  Schools — Eleemosynary    Institutions.      1.     That    no    person, 
firm  or  corporation  operating  or  conducting  a  correctional,  charitable,  be- 
nevolent or  educational  institution  or  training  school  in  the  State  of  Indiana, 
shall  be  permitted  to  receive  any  child  over  the  age  of  six  years  and  under  the 
age  of  twenty-one  years  as  an  inmate  of  such  institution  or  training  school, 
which  child  is  being  educated  by  any  city,  town  or  township  school  corpora- 
tion of  the  State  of  Indiana,  unless  a  school  transfer  issued  by  the  proper 
school  officer  accompanies  the  admission  of  such  child.     Such  transfer  to  be 
binding  on  the  school  corporation  issuing  the  same  so  long  as  such  child  re- 
mains in  such  institution  or  training  school.     (§6685e.) 


625.      <  .ompulsory     Education    of    Dependent     <  iliildrrn.      1*.      Any 

p<  son,  firm  or  corporation  operating  or  conducting  a  correctional.  charitable, 
b<  levolent  or  educational  institution  or  training  school,  in  the  State  of 
In  liana,  failing  to  send  any  child  of  school  age  to  school  who  is  not  physically 
or  mentally  disqualified,  and  who  is  not  sick,  shall  be  guilty  of  a  misdemeanor 
ai  1  upon  conviction  shall  be  fined  in  any  sura  not  less  than  five  dollars  and 
n<  :  more  than  twenty-five  dollars  ($25.00),  for  each  and  every  offense  and 
e;i  'h  day  any  child  is  wilfully  kept  from  school  during  the  school  term,  shall 
b<  considered  a  separate  offense  under  the  provisions  of  this  act.  (§6685f.) 


270 


SCHOOL    LAWS    OP    INDIANA 


CHAPTER  XXVI. 

STATE  NORMAL  SCHOOL. 


626. 
627. 
628. 
629. 
630. 
631. 
632. 
633. 
634. 


Established. 

Trustees — Corporate  name. 

Term  of  office — Vacancies. 

Organization — O  fflcers . 

Donations. 

Location. 

Contract  for  building. 

Model  school. 

Duty  of  trustees. 


SEC. 

635.  Conditions  of  admission. 

636.  Tuition  fee. 

637.  Principle  of  management. 

638.  Report. 

639.  Board  of  visitors. 

640.  Certificates — Diplomas. 

641.  Pay  of  trustees. 

642.  Pay  of  treasurer  and  agent. 


[Acts  1865,  p.  140.    Approved  December  20,  1865.] 


626.  Established.     1.     There  shall  be  established  and  maintained,  as 
hereinafter  provided,  a  state  normal  school,  the  object  of  which  shall  be  the 
preparation  of  teachers  for  teaching  in  the  common  schools  of  Indiana. 
(§6686.) 

627.  Trustees — Corporate  Name.     2.     In  order  to  the  establishment 
and  maintenance  of  such  a  school,  the  governor  shall  appoint,  subject  to  the 
approval  of  the  senate,  four  competent  persons,  who  shall,  in  themselves  and 
in  their  successors,  constitute  a  perpetual  body  corporate,  with  power  to  sue 
and  be  sued,  and  to  hold  in  trust  all  funds  and  property  which  may  be  pro- 
vided for  said  normal  school,  and  who  shall  be  known  and  designated  as  the 
"board  of  trustees  of  the  Indiana  State  Normal  School."    The  superintendent 
of  public  instruction  shall  be,  ex  officio  a  member  of  this  board.     (§6687.) 

628.  Term  of  Office — Vacancies.     3.     Two  members  of  this  board 
shall  retire,  as  may  be  determined,  by  lot  or  otherwise,  in  two  years  after 
their  appointment,  and  the  remaining  two  in  four  years;  whereupon  the 
governor,  subject  to  the  approval  of  the  senate,  shall  appoint,  as  aforesaid, 
their  successors  for  a  period  of  four  years.    All  vacancies  occurring  in  said  board 
from  death,  or  resignation,  shall  be  filled  by  appointments  made  by  the 
governor.    (§6688.) 

629.  Organization — Officers.     4.     Said  board  of  trustees  shall  meet 
on  the  second  Tuesday  in  January,  1866,  at  the  office  of  the  superintendent 
of  public  instruction,  and  shall  organize,  by  electing  one  of  its  number  presi- 
dent, and  one  secretary,  each  for  a  term  of  two  years;  and,  at  this  or  at  a  sub- 
sequent meeting,  it  shall  elect  some  suitable  person,  outside  of  its  number, 
as  treasurer,  who  shall,  before  entering  on  duty,  give  bond  in  such  sum  as 
it  may  prescribe.    (§6689.) 

630.  Donations.     5.     Said  board  shall,  at  its  first  meeting,  open  books 
to  receive,  from  different  parts  of  the  state,  proposals  for  donations  of  grounds 
and  buildings,  or  funds  for  the  procuring  of  grounds  and  erecting  of  buildings, 
for  said  normal  school.    Also,  it  may,  if  deemed  needful,  at  this  or  a  subse- 
quent meeting,  appoint  one  of  its  number,  or  other  competent  person,  to  visit 


SCHOOL    LAWS    OF    INDIANA  271 

the  •  ifferent  parts  of  the  state  and  explain  tin-  nature  and  objV«-t  of  said 
norr  al  school,  and  to  receive  proposals  of  donations  of  buildings  and  grounds, 
-or  ol  funds  for  the  same.  ( §6690.) 

Ml.     Location.     6.     Said  board  shall  locate  said  school  at   si.i-h   |>la--e 

as  s  all  obligate  itself  for  the  largest  donation:  /Yo  /V^/.  first.  That  said 
don,  tion  shall  not  be  less  in  cash  value  than  fifty  thousand  dollars;  second, 
thai  such  place  shall  possess  reasonable  facilities  for  the  success  of  -aid 
sch«  >1.  (§6691.) 

'  32.  Contract  for  Building.  7.  Said  board,  shall  immediately  after 
the  selection  of  place  of  location,  rroveed  to  let  a  contract,  or  contracts,  for 
the  rectum  of  a  building,  to  the  lowest  responsible  bidder:  Provided,  That 
no  nember  of  the  board  be  a  contractor  for  building  or  for  furnishing  any 
ma  erial  therefor.  (§6692.) 

533.  Model  School.  8.  Said  board  shall  organize,  in  connection  with 
th<  normal  school,  in  the  same  building  with  the  normal  school  or  in  a  sepa- 
rat  building,  as  it  shall  decide,  a  model  school,  wherein  such  pupils  of  the 
noi  tnal  school  as  shall  be  of  sufficient  advancement  shall  be  trained  in  the 
prj  3ti«e  of  organizing,  teaching  and  managing  schools.  (§6693.) 

63  I.  Duty  of  Trustees.  9.  Said  board  shall  prescribe  the  course  of 
sti  dy  for  the  normal  school;  shall  elect  the  instructors  and  fix  their  salaries; 
an  I  shall  determine  the  conditions,  subject  to  limitations  hereinafter  specified, 
on  which  pupils  shall  be  admitted  to  the  privileges  of  the  school.  (§6694.) 

635.     Conditions  of  Admission.     10.     The  following  conditions  shall 
be  requisite  to  admission  to  the  privileges  of  instruction  in  the  normal  school: 
|g  First.    Sixteen  years  of  age,  if  females,  and  eighteen,  if  males. 
^    Second.    Good  health. 

bs  Third.  Satisfactory  evidence  of  undoubted  moral  character. 
|  Fourth.  A  written  pledge  on  the  part  of  the  applicant,  filed  with  the 
pi  incipal,  that  said  applicant  will,  so  far  as  may  be  practicable,  teach  in  the 
cc  mmon  schools  of  Indiana  a  period  equal  to  twire  the  time  spent  as  a  pupil 
in  the  normal  school ;  together  with  such  other  conditions  as  the  board  may, 
fr  >m  time  to  time,  impose.  (§6695.) 


: 
• 


1.     STUDENTS  MUST  SUBMIT  TO  RULES.     A  student  is  required  to  submit  to  any 
pioper  rule  necessary  for  the  good  government  of  the  institution. — State  v.  White, 
::lnd.  278. 


636.    Tuition  Fee.    11.    Tuition  in  the  normal  school  shall  be  free  to  all 
r3sidents  of  Indiana  who  fulfill  the  four  conditions  *set  forth  in  the  preced- 
ig  section  and  such  other  conditions  as  the  board  may  require.    (§6696.) 


637.  Principle  of  Management.  12.  A  high  standard  of  Christian 
morality  shall  be  observed  in  the  management  of  the  school,  and,  as  far  as 
practicable,  inculcated  in  the  minds  of  the  pupils;  yet  no  relig'ous  sectarian 
tenets  shall  be  taught.  (§6697.) 

1638.  Report.  13.  Said  board  of  trustees  shall,  biennially,  make  a  report 
,o  the  legislature,  setting  forth  the  financial  and  scholastic  condition  of  the 
school;  also  make  such  suggestions  as,  in  their  judgment,  will  tend  to  the 


u 


272  SCHOOL    LAWS    OF    INDIANA 

improvement  of  the  same;  and  in  the  years  in  which  there  is  no  session  of  the 
legislature,  it  shall  make  a  report  of  the  scholastic  condition  of  the  school 
to  the  governor,  on  or  before  the  first  Monday  in  January.  (§6698.) 

639.  Board  of  Visitors.    14.    The  state  board  of  education  shall  appoint, 
annually,  in  the  month  of  June,  or  at  its  first  meeting  thereafter,  a  committee 
of  three,  who  shall  constitute  a  board  of  visitors,  and  shall,  in  a  body  or  by 
one  of  its  number,  visit  said  school  once  during  each  term,  and  witness  the 
exercises  and  otherwise  inspect  the  condition  of  the  school;  and,  by  the  close 
of  the  normal  school  year,  they  shall  make  a  report  to  the  board  of  trustees. 
The  members  of  said  board  of  visitors  shall  be  allowed  five  dollars  for  each 
day's  service  rendered,  and  also  traveling  expenses,  to  be  paid  out  of  the 
state  treasury.    (As  amended,  1873,  p.  199;  §6699.) 

[Acts  1873,  p.  199.    Approved  March  5,  1873.] 

640.  Certificates — Diplomas.    2.    The  board  of  trustees  is  authorized 
to  grant,  from  time  to  time,  certificates  of  proficiency  to  such  teachers  as 
shall  have  completed  any  of  the  prescribed  courses  of  study,  and  whose  moral 
character  and  disciplinary  relations  to  the  school  shall  be  satisfactory.    At 
the  expiration  of  two  years  after  graduation,  satisfactory  evidence  of  pro- 
fessional ability  to  instruct  and  manage  a  school  having  been  received,  they 
shall  be  entitled  to  diplomas  appropriate  to  such  professional  degrees  as  the 
trustees  shall  confer  upon  them ;  which  diplomas  shall  be  considered  sufficient 
evidence  of  qualification  to  teach  in  any  of  the  schools  of  this  state.    (§6701.) 

[Acts  1865,  p.  140.    Approved  December  20,  1865.] 

641.  Pay  of  Trustees.     16.     The  members  of  the  board  of  trustees 
shall  each  be  allowed  five  dollars  for  each  day's  service  rendered,  also  travel- 
ing expenses,  to  be  paid  out  of  the  state  treasury.    (§6703.) 

642.  Pay   of  Treasurer  and  Agent.      17.     Said  board  shall  pay  its 
treasurer,  and  its  agent,  if  such  be  appointed,  as  provided  for  in  this  act. 
surh  sums  for  their  services  as  shall  be  reasonable  and  just.    (§6704.) 


SCHOOL    LAWS    OF   IND] 


273 


CHAPTER  XXVII. 
ACCREDITED  NORMAL  SCHOOLS. 


State    teachers'    training    board — 

Duties. 

Courses  of  study. 
Two-year  course. 


SEC. 
646. 
647. 
648. 


Diplomas. 

"Accredited"  school. 
When  "accredited"  denied. 


[Acts  1907,  p.  451.    Approved  March  11,  1907.] 


1 


643.  State  Teachers'  Training  Board — Duties.     1.     The  state  board 
of  education,  in  addition  to  its  present  powers  and  duties,  shall  be  and 
is  hereby  '-onstituted  a  state  teacher's  training  board,  and,  as  such,  is 
ai  thorized  and  directed  to  arrange  for  a  regular  system  of  normal  school 
in  ;truetion  throughout  the  state;  to  designate  what  schools  and  what  pro- 
f  e  sional  departments  in  school  shall  be  accredited  in  the  state  system  of  normal 
s<  aool  instruction;  to  fix  conditions  upon  compliance  with  which  present  and 
fi  ture  schools  and  departments  may  become  accredited  as  a  part  of  such 
s}  stem;  to  establish,  inspect,  pass  upon  and  approve,  reject,  alter,  amend  or 
ei  large  courses  of  study  and  teaching  in  the  several  accredited  normal 
s<  hools  and  the  accredited  professional  departments  in  schools  of  the  state; 
a:  id  to  determine  upon  credits  to  be  allowed  for  the  work  of  accredited  schools 
a  id  departments,  and  equivalents,  if  any,  to  be  accepted  for  such  worker 
a  ly  part  thereof.    Said  board  shall  make  no  rule,  regulation  or  requirement 
a  >plying  to  any  accredited  school  or  department  which  shall  not  under  like 
c  rcu  instances  apply  to  each  and  every  accredited  school  and  department 
11.  the  state,  nor  shall  any  requirement  be  in  excess  of  the  requirements  of 
t  ie  Indiana  state  normal  school;  it  being  the  purpose  and  intent  of  this  act 
t  lat  all  schools  and  departments  for  normal  instruction  and  the  training  of 
tjachers  shall  maintain  as  nearly  as  possible  like  standards  of  excellence  and 
eficiency.    (§6313.) 

644.  Courses  of  Study.     2.     The  state  teachers'  training  board  shall 
have  power  and  authority  to  prescribe  courses  of  study  upon  completion  of 
•9  hich  graded  certificates  of  work  done  may  be  granted  by  any  such  ac- 
credited school,  which  certificate  shall  be  recognized  by  the  Indiana  state 
i  .ormal  school  so  far  as  such  certificates  meet  the  requirements  of  said  school 

ourse.    (§6314.) 


645.  Two-year  Course.  3.  In  order  to  encourage  trained  teachers 
1  o  teach  in  the  district  schools  and  in  the  grades  in  the  small  towns  of  the  state, 
<;ach  accredited  school  and  the  state  normal  school  may,  subject  to  the  rules 
;tnd  regulations  of  the  state  teacher's  training  board,  establish  a  two-year 
•  jourse  open  to  high  school  graduates,  the  completion  of  which  will  be  accepted 
n  lieu  of  a  license  and  will  entitle  one  to  teach  in  the  district  schools  and  the 
es  in  the  small  towns  for  three  years  without  examination.  (§6315.) 


jrad 

M 


NOTE.     The  minimum  daily  wages  of  teachers  taking  advantage  of  this  provision 
will  be  $2.12  M  the  first  year  and  $2.70  during  the  second  and  third  years. 


8554 — 1 


274 


SCHOOL    LAWS    OF    INDIANA 


646.  Diplomas.     4.     After  two  years  from  graduation,  upon  satisfac- 
tory evidence  of  professional  experience  and  ability  to  instruct  and  manage 
a  school,  under  rules  and  regulations  therefor  to  be  established  by  said  state 
teachers'  training  board,  graduates  of  any  accredited  school  or  department 
shall  be  entitled  to  diplomas  to  be  issued  by  said  accredited  school,  stating 
the  character  and  amount  of  work  completed.     (§6316.) 

647.  "Accredited"  School.     5.     Said  state  teachers'  training  board 
shall  grant  to  each  school  and  department  accepting  the  provisions  of  this 
act  and  agreeing  to  be  bound  by  the  rules  and  regulations  of  said  board  the 
right  to  use  the  word  "accredited"  as  a  part  of  the  title  or  name  of  such 
school  or  department,  which  right  shall  be  revoked  by  said  board  at  any 
time  upon  the  refusal  of  any  such  school  or  department  to  abide  by  any  rule 
or  regulation  of  said  board.    (§6317.) 

648.  When  "Accredited"  Denied.     6.     It  shall  be  unlawful  for  any 
school  or  department  for  normal  instruction  and  the  training  of  teachers 
which  has  not  accepted  the  provisions  of  this  act  or  whose  authority  under 
this  act  has  been  revoked  to  use  the  word  "accredited"  as  a  part  of  its  name 
or  title  or  to  state  that  such  school  or  department  has  been  accredited.     If 
any  officer,  employe,  agent,  owner,  or  part  owner,  or  instructor  or  teacher 
in  any  school  or  department  for  normal  instruction  and  the  training  of  teachers 
which  has  not  been  accredited  as  provided  herein  or  whose  authority  hereunder 
has  been  revoked  as  herein  provided,  shall  use  the  word  "accredited"  as  a 
part  of  the  name  or  title  of  such  school  or  department,  or  shall  publish,  ad- 
vertise, announce  or  say  that' such  school  or  department  is  accredited,  upon 
conviction  of  the  same,  he  shall  be  fined  in  any  sum  of  not  more  than  five 
hundred  dollars.    (§6318.) 


SCHOOL    LAWS    OF   INDIANA 


275 


CHAPTER  XXVIII. 
INDIANA  UNIVERSITY. 


Si 
01 


6;  7. 

6.  S. 

6  9. 

f,  0. 

6  1. 

6  2. 


6  >4. 
655. 

(5  56. 
• 
•38. 
69. 

70. 
71. 
72. 
73. 

.74. 
'.75. 
170. 
177. 
>78. 
379. 

680. 
681. 
682. 
683. 
684. 
686. 


687. 
688. 
689. 
690. 
691. 
692. 
693. 
694. 
695. 


Recognized. 

Tax  for  endowment  fund. 

Application  of  fund. 

Bond  of  state. 

Loans  by  state  auditor. 

Mortgages  taken  by  state  auditor. 

State  may  borrow  fund. 

Trustees — Corporate     name — Offl- 

— Powers. 
The  first  trustees. 
The  first  meeting. 
Vacancies. 
Pay  of  trust 

Trustees  of  Indiana  University. 
Trustees'  terms  expiring  1891,  suc- 
cessors. 

Trustees'  terms  expiring  18?;*.  suc- 
cessors. 

Registry  of  alumni. 
Nomination  of  trustees. 
Annual  meeting  of  alumni. 
Method  of  voting  by  alumni. 
Annual  meeting. 

Quorum  —  Temporary        appoint- 
ments. 

Seminary  township. 
Interest  on  loans. 
Faculty — Powers. 
No  religious  qualification. 
No  sectarian  tenets. 
County  students. 
Notice  to  counties. 
Treasurer's  bond. 
Board  of  visitors. 

Visitors  not  attending  to  be  report- 
ed. 

Duties  of  visitors. 
Duties  of  secretary. 
Duties  of  treasurer. 
!•:» -port  to  state  superintendent. 
Lectures  by  faculty. 

~rical  examinations  and  speci- 
men s. 

Printing  annual  report. 
Contents  of  report . 
Notice  of  sessions. 
Buildings  and  repairs. 
Normal  department. 
Agricultural  department. 
Scholarships  transferable. 
Perpetual  scholarships. 
Library. 
State  geologist. 


SEC. 

696.  Fund,  how  derived — Loans. 

697.  Auditor  of  state  to  loan — Duty. 

698.  Form  of  mortgage. 

699.  Form  of  note. 

700.  Loans — Security. 

701.  Interest. 

702.  Priority  of  mortgage. 

703.  Recording  of  mortgage. 

704.  Certificate  as  to  liens. 

705.  Abstract  of  title. 

706.  Auditor's  duty. 

707.  Payment. 

708.  Satisfaction. 

709.  Loans,  how  collected. 

710.  Judgment. 

711.  Notice  of  sale. 

712.  Sale. 

713.  When  auditor  to  buy — Re-sale. 

714.  Limit  of  bid — Overplus. 

715.  Statement  of  sale. 

716.  Title  in  state,  without  deed. 

717.  Sale  for  cash — Certificate. 
7 IS.     Sale  on  credit. 

719.  Fees  and  damages. 

720.  Accounts — Reports. 

721.  Acccuns  with  borrowers. 

722.  Interest   when  loaned. 

723.  Unsold  lands. 

724.  Certificates  of  payment — Patent. 

725.  Leases. 

726.  Commissioners'  report. 

727.  Commissioners'  duty. 

728.  Pay  of  commissioners. 

729.  Patents,  and  recording. 

730.  Pay  for  managing  fund. 

731.  Extension  of  payments. 

732.  Forfeiture,  how  prevented. 

733.  Forfeited  lands. 

734.  Appraisement  of  lands. 

735.  Where  filed  and  recorded. 

736.  Duty  of  county  auditor--. 

737.  Notice  of  sale. 

738.  Sale. 

739.  Terms  of  sale. 

740.  Private  entry. 

741.  Certificate  of  purchase. 

742.  Certificate  to  be  registered. 

743.  Certificate  assignable. 

744.  Forfeiture. 

745.  Surplus. 

746.  Forfeiture,  how  prevented. 

747.  Land,  how  redeemed. 

748.  Security. 


276 


SCHOOL    LAWS    OF    INDIANA 


SEC. 

749.  Suit  for  waste. 

750.  Patent  on  full  payment. 

751.  Auditor's  report. 

752.  Treasurer's  report. 

753.  To  pay  money  to  state  treasurer. 

754.  Pay  to  auditor  and  treasurer. 

755.  Loans. 

756.  Disposition  of  proceeds. 

757.  Report  of  sales. 


SEC. 

758.  One  trustee  to  attend  sales. 

759.  No  member  to  deal  in  the  lands. 

760.  Trustees  to  get  information. 

761.  State  treasurer  collects  loan. 

762.  County  auditors  loan. 

763.  Auditor  of  state  can  not  loan. 

764.  Counties  pay  interest. 

765.  Suit  for  deficiency  after  sale. 

766.  School  of  medicine. 


649.  Recognized.     1.     The  institution  established  by  an  act  entitled 
"an  act  to  establish  a  college  in  the  state  of  Indiana,"  approved  January 
28,  1828,  is  hereby  recognized  as  the  university  of  the  state.     (§6705.) 

[Acts  1883,  p.  82.    Approved  March  3,  1883.] 

650.  Tax  for  Endowment  Fund.     1.    There  shall  be  assessed  and  col- 
lected, as  state  revenues  are  assessed  and  collected,  in  the  year  of  eighteen 
hundred  and  eighty- three,  and  in  each  of  the  next  succeeding  twelve  years, 
the  sum  of  one-half  of  one  cent  on  each  one  hundred  dollars'  worth  of  taxable 
property  in  this  state;  which  money,  when  collected  and  paid  into  the  state 
treasury  in  each  of  the  years  named  in  this  act,  shall  be  placed  to  the  credit 
of  a  fund  to  be  known  as  the  permanent  endowment  fund  of  the  Indiana 
University.    (§6818.) 

1.  FORECLOSURE.  A  mortgage  securing  a  loan  of  the  permanent  endowment 
fund  may  be  foreclosed  by  public  advertisement  without  suit,  under  sections  656  to 
665. — Fisher  v.  Brown,  159  Ind.  139;  64  N.  E.  614. 

651.  Application  of  Fund.    2.    Whenever,  after  the  first  day  of  May, 
eighteen  hundred  and  eight-four,  there  shall  have  been  paid  into  the  state 
treasury  a  sum  of  said  permanent  endowment  fund  sufficient  to  pay  off  any 
of  the  interest-bearing  indebtedness  of  the  state,  it  shall  be  the  duty  of  the 
treasurer  of  state  to  pay  off  and  cancel  such  indebtedness,  and  it  shall  be  the 
duty  of  said  treasurer  of  state  to  continue  to  pay  off  and  cancel  said  interest- 
bearing  indebtedness  which  may  be  due,  or  which,  by  the  terms  of  the  con- 
tract creating  such  indebtedness,  may  be  paid  off,  whenever  there  is  a  suffi- 
cient sum  of  said  permanent  endowment  fund  in  the  state  treasury  to  pay 
off  the  same  out  of  said  permanent  endowment  fund.     (§6819.) 

652.  Bond  of  State,    3.    It  shall  be  the  duty  of  the  treasurer  of  state, 
immediately  after  paying  off  any  of  the  interest-bearing  indebtedness  of  the 
state,  as  provided  for  in  section  2  of  this  act,  to  make  and  issue  to  the  trustee 
of  said  university  and  to  their  successors  in  office  a  non-negotiable  bond  of 
the  state  in  an  amount  equal  to  the  sum  drawn  from  said  permanent  endow- 
ment fund  and  used  in  such  payment.     Said  non-negotiable  bond  shall  be 
signed  by  the  governor  and  the  treasurer  of  state  and  attested  by  the  secre- 
tary of  state  and  the  seal  of  the  state,  and  be  made  payable  in  fifty  years 
after  date,  at  the  option  of  the  state,  and  said  bond  shall  bear  five  per  cent, 
interest  from  date  until  paid,  which  interest  shall  be  paid  semi-annually  on 
the  first  days  of  May  and  November  of  each  year,  and  the  same  shall  be 
applied  to  the  current  and  extraordinary  expenses  of  said  university  and  be 
paid  to  the  trustees  thereof,  under  the  same  rules  and  regulations  as  is  now 
required  by  law  in  the  payment  of  the  revenues  of  said  university.    The  non- 


nt-  otiable  bonds  provided  for  in  this  act,  when  executed,  shall  remain  in  the 
cu  tody  of  the  treasurer  of  state.  (§6820.) 

653.  Loans  by  State  \uditor.  4.  That  so  much  of  said  permanent 
ei  lowment  fund  as  shall  not  at  any  time  be  absorbed  by  the  non-negotiable 
b<  ids  of  the  state,  as  contemplated  in  this  act,  shall  be  loaned  by  the  auditor 
ot  state  at  six  per  centum  interest,  payable  annually  in  advance,  in  real 
es  ate  security;  and  in  making  loans  and  disbursing  interest  collected  the 
tr  asurer  of  state  and  the  auditor  of  state  shall  be  governed  by  the  law  now 
ir  force  regulating  the  manner  of  making  loans  of  the  university  funds  and 
p.  ying  out  interest  collected,  except  as  otherwise  provided  in  this  act. 
('•  5821.) 

651.  Mortgages  Taken  by  State  Auditor.  5.  It  shall  be  the  duty  of  the 
a  ditor  of  state  to  make  a  complete  record  of  every  mortgage  and  note  exe- 
c  ted  on  account  of  any  loan  from  said  permanent  endowment  fund  in  a 
b  >ok  to  be  kept  in  his  office  for  that  purpose;  and  on  payment  of  any  loan  to 
s  id  fund  said  auditor  shall  enter  a  record  of  satisfaction  in  full  on  the  margin 

0  the  record  of  the  mortgage  in  his  office  and  sign  the  same  with  his  name; 
a  id  he  shall  also,  in  like  manner,  enter  satisfaction  in  full  on  the  face  of  the 
ii  ortgage;  which  mortgage,  when  presented  by  the  mortgagor;  or  any  person 

1  aiding  title  under  him,  to  the  recorder  of  the  county  wherein  the  land 
i  iort^;  iiuated,  shall  authorize  the  recorder  of  said  county  to  copy 
>  idi  entry  on  the  record  in  his  office.      (§6822.) 

655.  State  May  Borrow  Fund.    6.    If  at  any  time  hereafter  the  state 
s-hall  need  t  he  loan  of  any  part,  or  of  all,  of  said  permanent  endowment  fund, 
t  he  state  shall  be  a  preferred  borrower  of  so  much  of  said  fund  as  shall  not  be 
1  )aned  at  the  time.    But  it  shall  be  the  duty  of  the  treasurer  of  state  to  cause 
1o  be  executed,  as  an  evidence  of  any  such  loan,  a  non-negotiable  bond  of  the 
>tate  for  the  amount  so  borrowed  in  like  manner  as  is  provided  in  section  3  . 
of  this  act:     Provided,  If  at  any  time  hereafter  the  said  Indiana  university 

f  hail  be  consolidated  with  any  other  educational  institution  or  institutions 
of  the  state,  or  shall  be  removed  from  its  present  location  for  any  cause 
\ -hat ever,  the  fund  raised  under  the  provisions  of  this  act  shall  be  held  and 
ised  for  the  benefit  of  such  institution,  as  consolidated  or  changed,  noth- 
,vith>t  a  riding  such  change  or  consolidation  whenever  so  removed  or  consoli- 
lated.  rrovided,  further,  That,  after  said  date,  no  further  appropriation 

I  <hall  be  made  to  said  university.     (§6823.) 

656.  Trustees — Corporate  Name— Officers— Powers.     1.    The  board 
of  trustees  of  the  state  university  shall  be  eight  in  number,  of  whom  not 
more  than  one  shall  reside  in   the  same  county,  excepting  the  county  of 
Monroe,  from  \\hieh  f  \vo  may  be  selected.    They,  and  their  successors,  shall 
be  a  body  politic,  with  the  style  of  "The  trustees  of  Indiana  university;" 
in  that  nam--  to  MM  and  \n>  surd:  to  elect  one  of  their  number  president;  to 
elect  a  treasurer,  secretary,  and  such  other  officers  as  they  may  deem  neces- 

;  to  pre^crihe  the  duties  and  fix  the  compensation  of  such  officers;  to 
-  all  the  real  and   p.-r-uiial  property  of  such  university  for  its  benefit; 
to  take  and  hold,  in  their  corporate  name,  any  real  or  personal  property  for 
the  hem-fit  of  such  institution;  to  expend  the  income  of  the  university  for  its 


278 


SCHOOL    LAWS    OF   INDIANA 


benefit;  to  declare  vacant  the  seat  of  any  trustee  who  shall  absent  himself 
from  two  successive  meetings  of  the  board,  or  be  guilty  of  any  gross  im- 
morality, or  breach  of  the  by-laws  of  the  institution;  to  elect  a  president, 
such  professors  and  other  officers,  for  such  university,  as  shall  be  necessary, 
and  prescribe  their  duties  and  salaries;  to  prescribe  the  course  of  study  and 
discipline,  and  price  of  tuition  in  such  university;  and  to  make  all  by-laws 
necessary  to  carry  into  effect  the  powers  hereby  conferred.  (§6706.) 

657.  The  First  Trustees.    2.    The  following  persons,  and  then*  succes- 
sors, shall  constitute  said  board:    Joseph  S.  Jenckes,  of  Vigo  County;  Joe 
B.  McFarland,  of  Tippecanoe  County;  George  Evans,  of  Henry  County; 
William  M.  French,  of  Clark  County;  Ransom  W.  Aiken,  of  Monroe  County; 
Johnson  McCullough,  of  Monroe  County;  James  R.  M.  Bryant,  of  Warren 
County;  John  I.  Morrison,  of  Washington  County;  three  of  whom  shall  serve 
for  two  years,  two  for  three  years,  and  three  for  four  years.    (§6707.) 

658.  The  First  Meeting.    3.     The  first  meeting  of  said  board  shall  be 
held  at  the  town  of  Bloomington,  on  Monday,  the  second  day  of  April,  1855, 
when  they  shall  determine,  by  lot,  their  several  terms  of  service.    (§6708.) 

659.  Vacancies.     4.     Vacancies  in  said  board,  whether  occasioned  by 
death,  resignation,  removal  from  the  state,  expiration  of  terms  of  service, 
or  otherwise,  shall  be  filled  by  the  state  board  of  education.    (§6709.) 

660.  Pay  of  Trustees.    5.    The  trustees  of  said  universit}^  shall  receive, 
when  employed  in  the  actual  service  of  the  university,  the  same  pay  as  mem- 
bers of  the  general  assembly.     (§6717.) 

[Acts  1891,  p.  65.    Approved  March  3,  1891.] 

661.  Trustees  of  Indiana  University.     1.     The  trustees  of  Indiana 
University  shall  hereafter  be  elected  for  such  terms  of  service  and  in  such 
manner,  as  is  herein  provided,  and  the    terms  of  service  of  the  trustees  now 
in  office,  and  of  those  hereafter  elected,  shall  expire  on  the  first  day  of  July 
of  the  year  in  which  such  terms  are  to  end.     (§6710.) 

662.  Trustees'  Terms  Expiring  1891,  Successors.     2.     Successors  to 
three  trustees  whose  terms  of  service  expire  in  the  year  eighteen  hundred  and 
ninety-one  (1891)  shall  be  elected  by  the  alumni  of  the  University  at  the 
college  commencement  of  the  year  1891 ;  one  of  the  trustees  so  selected  shall 
serve  for  one  year,  one  for  two  years,  and  one  for  three  years.    At  the  first 
meeting  of  the  board  of  trustees  after  July  1,  1891,  the  several  terms  of  ser- 
vice of  such  three  trustees  shall  be  determined  by  lot.    At  the  annual  com- 
mencement of  the  year  in  which  their  terms  expire,  successors  to  such  three 
trustees  shall  be  elected  by  the  alumni  of  the  university,  each  to  serve  for  three 
years.     When  vacancies  in  the  board  of  trustees  arise,  from  the  death, 
resignation,  removal  from  the  state,  expiration  of  term  of  service,  or  other- 
wise, of  any  of  the  three  trustees  to  be  elected  in  1891,  or  any  of  their  succes- 
sors, such  vacancies  shall  be  filled  by  the  alumni.    (§6711.) 

663.  Trustees'  Terms  Expiring  1893,  Successors.  3.  Successors  to 
the  two  trustees,  whose  terms  of  service  expire  in  1893,  shall  be  elected  by  the1 
state  board  of  education,  and  one  of  such  two  successors  shall  be  elected  for 


SCHOOL    LAWS    OF    INDIANA  279 

a  t«  rm  of  two  years,  and  the  other  for  a  term  of  three  years.  Successors  to 
the  three  trustees,  whose  terms  expire  in  1894,  shall  be  elected  by  the  state 
bo;»  'd  of  education,  one  for  a  term  of  two  years,  and  the  other  two  tn; 
for  ,erms  of  three  years.  Su<-crs>ors  to  the  five  trustees  herein  provided  to  he 
ele'  ted  by  the  state  board  of  education  shall  be  elected  by  suid  state  board  of 
ed  -ation,  each  trustee  so  elected  to  serve  for  three  years:  I'mri>lnl,  That 
tn,  tees  elected  by  the  alumni,  or  the  state  board  of  education,  to  fill  vacan- 
cic  caused  otherwise  than  by  expiration  of  terms  of  ser\  ice.  shall  he  elected 
for  such  unexpired  terms  only.  When  vacancies  in  the  board  of  trustees 
ari  *  from  the  death,  resignation,  removal  from  the  state,  expiration  of  term 
of  ;ervice,  or  otherwise,  of  any  of  the  five  trustees,  or  their  successors  herein 
pr  \  ided  to  be  elected  by  the  state  board  of  education,  such  vacancies  shall 
be  filled  by  said  state  board  of  education.  (§6712.) 

66 1.  l<<»£istr>  of  Alumni.  4.  A  registry  of  the  name  and  address  of 
ea  -h  alumnus  of  Indiana  University  residing  in  the  State  of  Indiana  shall  be 
k<  pt  by  the  librarian  of  said  university,  who  shall  correct  such  addresses 
\v  en  notified  by  the  alumni  so  to  do.  The  alumni  of  the  university  shall  he 
tl  »e  persons  who  have  been  awarded  and  on  whom  have  been  conferred 
ai  v  of  the  following  degrees:  Bachelor  of  Arts  (A.  B.),  Bachelor  of  Letters 
(]  -.  L.),  Bachelor  of  Science  (B.  S.),  Bachelor  of  Philosophy  (B.  Ph.),  Bachelor 
ol  Laws  (L.  L.  B.),  Master  of  Arts  (A.  M.),  Master  of  Science  (M.  S.), 
Djctor  of  Philosophy  (Ph.  D.).  (§6713.) 

663.  Nomination  of  Trustees.  5.  Any  ten  or  more  alumni  may  file 
\\  ith  the  librarian  of  the  university  on  or  before  the  first  day  of  April  in  each 
y  -ur  a  written  nomination  for  the  trustee  or  trustees^  to  be  elected  by  the 
a  umni  at  the  next  college  commencement.  Forthwith  after  such  first  day 
o '  April  a  list  of  all  such  candidates  shall  be  mailed  by  said  librarian  to  each 
a  in nnus  at  his  address.  (§6714.) 

666.  \iiiiual    Meeting  of  Alumni.     6.     The  annual  meeting  of  the 
alumni  for  the  election  of  trustees  shall  be  held  at  the  university  on  the 
Tuesday  before  the  annual  commencement  day  of  said  university,  at  the  hour 
cf  nine  o'clock  a.  m.,  at  which  meeting  a  trustee  shall  be  elected  to  serve  for 
three  yt  ar>  from  the  iirst  day  of  July  of  such  year,  and  any  trustee  or  trustees 
which  the  alumni  may  be  entitled  to  elect  to  complete  any  unexpired  term  or 
terms.       §6715. 

667.  Method  of  Voting  by  Minimi.    7.     Kach  alinnnus  resident  in  the 
State  of  Indiana  may  send  to  said  librarian,  over  his  signature,  at  any  time 

•el'oiv  the  meeting  <>''  the  alumni  for  the  election  of  such  trustee  or  tru 
i  he  vote  fur  Mich  trustee  or  trustee^  which  he  would  he  entitled  to  cast  if 
personally  present  at  such  meeting,  which  vote  such  librarian  shall  deliver 
to  such  meeting  to  he  opened  and  counted  at  said  election,  together  u  ith  the 
of  those  who  are  personally  present;  but  no  per<«.n  >hall  have  more 
than  one  vote.  The  person  or  persons  having  the  highest  number  of  votes 
upon  the  first  ballot  shall  be  declared  the  trustee  or  trustees  according  as  there 
mav  be  one  or  more  than  one  trustee  to  be  elected:  l'rnri<l<d.  The  votes 
received  by  said  person,  or  by  each  of  said  persons,  or  at  least  fifty  per 
cent,  of  all  the  votes  cast.  Otherwise  the  alumni  personally  present  at  such 


y 


280  SCHOOL   LAWS    OF    INDIANA 

meeting  shall,  from  the  two  having  the  highest  pluralities,  elect  a  trustee, 
unless  their  pluralities  shall  aggregate  less  than  fifty  per  cent,  of  the  votes 
cast,  in  which  case  there  shall  be  included  in  the  number  of  those  to  be  voted 
for,  so  many  of  those  coming  after  such  two  highest  in  order  of  pluralities  as 
will  bring  the  aggregate  of  such  pluralities  of  those  to  be  voted  for  to  fifty 
per  cent,  of  the  votes  cast.  (§6716.) 

668.  Annual  Meeting.     3.     Said  trustees  shall  annually  meet  at  the 
town  of  Bloomington  at  least  three  days  preceding  the  annual  commence- 
ment of  the  university.    (§6718.) 

669.  Quorum — Temporary  Appointments.    4.    Five  of  such  trustees 
'shall  constitute  a  quorum;  and,  in  case  an  emergency  is  declared  by  the 

faculty,  after  there  shall  have  been  a  called  session  at  which  the  other  mem- 
bers failed  to  attend,  the  trustees  residing  in  the  county  of  Monroe  may 
fill  vacancies  in  the  faculty  of  the  university  and  the  board  of  trustees;  and, 
in  case  there  should  not  be  three  trustees  in  attendance  upon  such  emer- 
gency, then  those  that  are  in  attendance,  together  with  such  members  of  the 
faculty  as  may  be  in  attendance,  shall  fill  such  vacancies;  but  appointments 
thus  made  shall  expire  at  the  next  meeting  of  the  board.  (§6719.) 

670.  Seminary  Township.     5.     The  trustees  of  said  university  shall 
receive  the  proceeds  of  the  sales  and  rents  of  the  three  reserved  sections  in  the 
seminary  township  in  Monroe   county,  and   the  same  shall  be  paid  to  the 
treasurer  of  said  trustees,  on  their  order.    (§6720.) 

671.  Interest  on  Loans.     6.     The  interest  arising  from  loans  of  the 
state  university  fund,  as  received  at  the  state  treasury,  shall  be  paid  on  the 
warrants  of  the  auditor  of  state;  such  warrants  to  be  granted  on  allowances 
made  to  the  persons  entitled  thereto  by  the  board  of  trustees,  and  duly  certi- 
fied by  their  secretary.    ( §6721 . ) 

672.  Faculty — Powers.     7.     The  president,  professors  and  instructors 
shall  be  styled  "The  faculty"  of  said  university  and  shall  have  power: 

First.  To  enforce  the  regulations  adopted  by  the  trustees  for  the  govern- 
ment of  the  students;  to  which  end  they  may  reward  and  censure,  and  may 
suspend  those  who  continue  refractory,  until  a  determination  of  the  board 
of  trustees  can  be  had  thereon.  - 

Second.  To  confer,  with  the  consent  of  the  trustees,  such  literary  degrees 
as  are  usually  conferred  in  other  universities,  and,  in  testimony  thereof,  to 
give  suitable  diplomas,  under  the  seal  of  the  university  and  signature  of 
the  faculty.  (§6722.) 

673.  No  Religious  Qualification.    8.    No  religious  qualification  shall 
be  required  for  any  student,  trustee,  president,  professor  or  other  officer  of 
such  university,  or  as  a  condition  for  admission  to  any  privilege  of  the  same. 
(§6723.) 

674:  No  Sectarian  Tenets.  L9.  No  sectarianjenets  shall  be  inculcated 
by  any  professor  at  such  university.  (§6724.) 


SCHOOL   LAWS    OF    INDIANA  281 


>7.~>.  Count  \  Student*.  10.  The  trustees  shall  provide  for  the  tuition, 
fr<  3  of  <-harir<\  of  two  students  from  each  county  in  this  state,  to  be  selected 
b;v  the  board  of  county  commissioners.  (§6725.) 

1.  Each  county  may  send  two  students,  free  of  tuition  fees,  to  be  instructed  in 
th  law  depart  rnont,  as  well  as  any  other  department. — McDonald  v.  Hagins,  7  Blackf. 
52  .. 

676.  Notice  to  Counties.     11.    The  secretary  of  the  board  shall  notify 
tl  3  county  auditor  of  each  county  of  the  state  whenever  there  shall  not  be  in 
a  ;endance  at  the  university  the  number  of  students  which  such  count  y  is 
e:  titled  to  send  free  of  tuition;  of  which  such  auditor  shall  notify  the  board 

0  commissioners  of  such  county  at  its  next  meeting.    (§6726.) 

677.  Treasurer's  Bond.     12.    The  treasurer  of  the  university  shall  give 
b  »nd  in  a  penalty,  and  with  surety  to  be  approved  by  such  board,  payable  to 
t  e  state,  conditioned  for  the  faithful  discharge  of  his  duties;  which  bond 
s  tall  be  filed  with  the  auditor  of  state.    (§6727.) 

678.  Board    of   Visitors.      13.      The  Governor,    lieutenant-governor, 
s  >eaker  of  the  house  of  representatives,  judges  of  the  supreme  court,  and 
P  iperintendent  of  common  schools  [state  superintendent  of  public  instruc- 
t  on],  shall  constitute  a  board  of  visitors  of  the  university,  and  any  three 
t  lereof  a  quorum.    (§6728.) 

679.  Visitors  not  Attending,  to  he  Reported.     14.    In  case  the  mem- 

1  ers  of  such  board  of  visitors  fail  to  attend  the  annual  commencement  exer- 
c  ises  of  the  university,  the  president  of  the  board  of  trustees   shall  report 
s  uch  of  them  as  are  absent  to  $he  next  general  assembly,  in  its  annual  report. 

•  §6729.) 

680.  Duties  of  Visitors.     15.    Such  board  of  visitors  shall  examine  the 
>roperty,  the  course  of  study  and  discipline,  and  the  state  of  the  finances  of 
he  university,  and  recommend  such  amendments  as  it  may  deem  proper, 
,he  books  and  the  accounts  of  the  institution  being  open  to  its  inspection; 
ind  it  shall  make  report  of  its  examination  to  the  Governor,  to  be  by  him  laid 
oefore  the  next  general  assembly.     (§6730.) 

681.  Duties  of  Secretary.    16.    The  secretary  of  the  board  of  trustees 
shall  keep  a  true  record  of  all  the  proceedings  of  said  board,  and  certify  copies 
thereof.     He  shall  also  keep  an  account  of  the  students  in  the  university 
according  to  their  classes,  stating  their  respective  ages  and  places  of  residence, 
and  a  list  of  all  graduates.    (§6731.) 

6«2.    Duties  of  Tr«-;i>ur«T.    17.    The  treasurer  of  said  university  shall : 

First.  K«M-P  true  accounts  of  all  money  received  into  the  treasury  of 
said  university,  and  of  the  expenditures  thereof. 

Second.  Pay  out  the  same  on  the  order  of  the  board  of  trustees,  certified 
leeretary. 

Third.    Collect  the  tuition  fees  due  the  same. 

Fourth.    Make  semi-annual  settlements  with  the  board  of  trustees. 

Fifth.  Submit  a  full  statement  of  the  finances  of  the  university,  and  his 
receipts  and  payments,  at  each  meeting  of  the  board  of  trustees. 


282  SCHOOL    LAWS    OF    INDIANA 

Sixth.  Submit  his  books  and  papers  to  the  inspection  of  the  trustees  and 
visitors.  (§6732.) 

683.  Report  to  State  Superintendent.  18.  The  board  of  trustees, 
its  secretary  and  treasurer,  shall  report  to  the  superintendent  of  common 
schools  [state  superintendent  of  public  instruction]  all  matters  relating  to 
the  university,  when  by  him  required.  (§6733.) 

684>  Lectures  by  Faculty.  19.  One  member  of  the  faculty,  to*  be 
designated  by  a  majority  thereof,  of  which  the  secretary  of  the  board  shall  be 
informed,  shall,  by  himself  or  competent  substitute,  deliver  a  public  lecture 
on  the  principles  and  organization  of  the  university,  its  educational  facilities 
(being  careful  not  to  disparage  the  claims  of  other  institutions  of  learning  in 
the  state),  in  at  least  fifteen  different  counties  of  the  state,  of  which  he  shall 
give  due  notice;  and  in  a  vacation  of  less  duration  than  one  month  a  member 
of  the  faculty,  to  be  designated  as  aforesaid,  shall  deliver  such  lecture  in  at 
least  three  different  counties;  a  brief  statement  of  which  lectures  shall,  by  the 
persons  delivering  them,  be  reported  to  the  board  of  trustees,  annually,  to 
be  by  them  incorporated  in  the  annual  report  to  the  general  assembly;  but  no 
two  such  lectures  shall  be  delivered  in  the  same  county  until  all  the  counties 
of  the  state  have  been  lectured  in.  (§6734.) 

685.  Geological  Examinations  and  Specimens.     20.     Such  lecturers 
shall   make   such   geological   examinations   and   collect   such   mineralogical 
specimens  as  they  may  be  able  to  make  and  procure;  a  report  whereof  they 
shall  make  to  the  board  of  trustees,  to  be  by  it  incorporated  in  its  annual 
report  to  the  general  assembly;  and  such  specimens,  together  with  those  they 
may  procure  by  voluntary  donations,  they  shall  deposit  in  a  suitable  room  in 
the  university  buildings,  to  be  fitted  up  for  that  purpose.     (§6735.) 

686.  Printing  Annual  Report.     21.     The  Governor  of  the  state  shall 
order  the  printing,  annually,  of  five  thousand  copies  of  the  annual  report  of 
the  board  of  trustees,  twenty-five  hundred  of  which  shall  be  for  the  use  of 
the  members  of  the  general  assembly  and  twenty-five  hundred  for  the  faculty. 

(§6736.) 

687.  Contents  of  Report.     22.     Such  report  shall  contain  what  is  now 
included  in  the  annual  catalogue,  with  such  other  matters  as  may  be  deemed 
useful  to  the  cause  of  education,  connected  with  the  university.     (§6737.) 

688.  Notice  of  Sessions.    23.    The  board  of  trustees,  through  its  presi- 
dent, shall  give  at  least  one  month's  notice  of  the  commencement  of  each  ses- 
sion of  the  university  in  at  least  one  newspaper  in  the  cities  of  Indianapolis, 
Louisville,  in  the  State  of  Kentucky,  and  in  New  Orleans,  in  the  State  of 
Louisiana.    (§6738.) 

689.  Buildings  and  Repairs.    24.  The  Aboard  of  trustees  shall,  annually, 
appoint  a  committee  of  its  body  to  examine  the  university  buildings  and 
grounds  adjacent,  who  shall  report  the  kind  and  cost  of  repairs,  if  any  are 
needed;  and  one  of  the  members  of  the  faculty  shall  be  appointed  to  take  care 
of  such  buildings  and  grounds.     (§6739.) 


SCHOOL    LAWS    OF    INDIANA  283 

formal  Depart incut.  2">.  Such  trustees  shall  establish  a  normal 
de  -art  m  en  t  for  instruction  in  the  theory  and  practice  of  teaching,  free  of 
ch  rge  to  such  young  persons,  male  and  female.  re.-ident>  of  the  -fate,  as  may 
dt  ire  to  qualify  themselves  as  teachers  of  common  schools,  within  the  state. 
ui  ler  such  regulations  as  such  board  of  trust* cs  may  make  in  regard  to 
ac  nil  ting  to.  kind,  and  time  of  delivery  of  lectures  :n  such  depart  merit,  and 
tl  granting  of  diplomas  therein;  and  such  regulations  shall  be  incorporated 
in  he  annual  report  of  the  trustees  to  the  general  assembly.  (§6740.) 

691.  Agricultural  Department.    26.    Such  trustees  shall  also  establish 
ai  agricultural  department  in  such  university,  under  proper  regulations,  which 

si  ill  likewise  be  set  forth  in  their  annual  report.    (§6741.) 

[Acts  1857,  p.  130.    Approved  March  7,  1857.] 

692.  Scholarships  Transferable.      1.     All  scholarships  in   the  state 
u  ihersity.  issued  for  or  founded  upon  subscription  moneys  paid  by  indi- 
v  duals  toward  the  construction  of  the  university  buildings,  or  any  of  them. 

0  the  right  to  use  said  scholarships  for  any  session  or  sessions  of  the  college 
\  -ar  in  said  institution,  may  be  transferred  or  sold  by  the  holders  thereof 
f  r  a  valuable  consideration.     (§6742.) 

[Acts  1861.  p.  89.     Approved  May  31,  1861.] 

693.  Perpetual   Scholarships.     1.     The  contingent  fee  on  perpetual 
B  -holarships.  issued  by  the  trustees  of  the  state  university,  shall  not  be  more 

1  ian  one  dollar  per  session:    Provided,  That  the  trustees  are  hereby  authori- 
•/  d  to  purchase  said  scholarships  whenever,  in  their  opinion,  it  is  for  the  best 
i  iterests  of  the  university,  at  not  more  than  ninety  cents  on  the  dollar,  by 
>.  iving  notice  in  some  newspaper  published  in  the  town  of  Bloomington,  that 
i  hey  an-  ready  to  purchase  said  scholarship;  and,  after  the  date  of  such  notice, 
i  o  per>on  shall  he  entitled  to  any  benefits  under  the  provisions  of  said  scholar- 
.-  hip>,  evept  to  sell  the  same,  as  is  provided  in  this  act.     (§6743.) 

[Acts  1861.  p.  88.     Approved  May  11.  1861.] 

691.     Library .     2.     The  state  librarian  is  directed  to  transfer  from  the 

^tate  library  to  the  library  of  the  Indiana  University  a  complete  set  of  journals 
)f  both  houses  of  the  legislat  urv.  a  copy  of  all  laws  enacted  since  the  organiza- 
tion  of  the  state,  and  of  all  reports  from  the  several  departments  of  state, 
and  of  those  received  from  other  states,  and  from  the  general  government. 
ier  with  all  other  books  and  documents  of  which  there  are  duplicates 
now  in  the  state  library,  or  shall  be  hen  after  received:  t'mrided,  That  such 
books  and  documents  can  be  spared  without  injury  to  the  state  library 
and  that  such  transfer  be  made  without  expense  to  the  state.  (§6744.) 

695.  State  <;colo«:i>t.    -\.     Tin-  -t ate  geologist .  while  he  Isolds  li is  office, 
shall  be  regarded  as  a   member  of  the  faculty  of  the  university;  and  he  is 
hereby    directed,    in    his   reconnoisane«-s.    to   collect  duplicate  specimens  of 
mineralogy  and  geology,  and  to  deposit  one  set  of  the  same  in  the  cabinet  of 
the  state  university.    ( §6745. ) 

696.  Fund,  How  Derived— Loans.   28.  The  university  fund  shall  eon>i-t 
of  the  lands  in  Monroe  and  Gibson  counties,  and  the  proceeds  of  >ales  t  hereof. 


284  SCHOOL    LAWS    OF   INDIANA 

and  all  donations  for  the  use  of  such  university,  where  the  same  is  expressly 
mentioned  in  the  grant,  or  where  in  such  grant  the  term  "university"  only  is 
used;  the  principal  of  which  fund,  when  paid  into  the  state  treasury,  shall  be 
loaned,  and  the  annual  interest  thereon  applied  to  the  current  expenses  of 
the  university,  upon  warrants  drawn  on  the  treasurer  of  state  by  the  auditor 
of  state,  on  the  requisition  of  the  board  of  trustees,  signed  by  the  president 
and  attested  by  the  secretary  thereof.  (§6746.) 

697.  Auditor  of  State  to  Loan — Duty.     29.     It  shall  be  the  duty  of 
the  auditor  of  state  to  loan  out  such  fund  upon  real  estate  security.    He  shall 
duly  inform  himself  of  the  value  of  all  real  estate  offered  in  pledge,  and  shall 
be  judge  of  the  validity  of  the  title  thereof;  and  any  person  applying  for  a 
loan  shall  produce  to  said  auditor  the  title  papers  to  such  real  estate,  showing 
title  in  fee  simple,  without  incumbrance  and  not  derived  through  any  execu- 
tor's or  administrator's  sale,  or  sale  on  execution.    ( §6747. ) 

698.  Form  of  Mortgage.    30.     The  mortgage  to  be  taken  may  be  in 
the  following  form  in  substance.     (§6748  as  amended,  1901,  p.  342.) 

I,  A.  B.,  of  the  county  of ,  in  the  State  of  Indiana,  do  assign  and  transfer  to  the 

State  of  Indiana  all  [here  describe  the  land],  which  I  declare  to  be  mortgaged  for  the 

payment  of dollars,  with  interest  at  the  rate  of  six  per  cent  per  annum,  payable 

in  advance,  according  to  the  conditions  of  the  note  hereunto  annexed. 

699.  Form  of  Note.    31.    The  note  accompanying  the  same  may  be,  in 
substance,  as  follows.     (As  amended,  1901,  p.  342;  §6749.) 

I,  A.  B.,  promise  to  pay  to  the  State  of  Indiana,  on  or  before  the day  of  — 

the  sum  of ,  with  interest  thereon  at  the  rate  of  six  per  cent,  per  annum,  in  advance- 

commencing  on  the day  of ,  19 ,  and  do  agree  that,  in  case  of  failure  to 

pay  any  installment  of  said  interest,  the  said  principal  shall  become  due  and  collectable, 
together  with  all  arrears  of  interest;  and  on  any  such  failure  to  pay  principal  or  interest 
when  due,  five  per  centum  damages  on  the  whole  sum  due  shall  be  collectea  with  costs, 
and  the  premises  mortgaged  may  be  forthwith  sold  by  the  auditor  of  public  accounts 
[auditor  of  state],  for  the  payment  of  such  principal  sum,  interest,  damages  and  costs. 

700.  Loans — Security.    32.    No  greater  sum  than  five  hundred  dollars 
shall  be  loaned  to  any  one  person  out  of  such  fund,  nor  shall  the  loan  be  for  a 
longer  period  than  five  years;  and  the  sum  loaned  shall  not  exceed  one-half 
of  the  appraised  value  of  the  premisejs  to  be  mortgaged,  clear  of  all  perish- 
able improvements.     The  auditor  may  reduce  the  amount  to  be  loaned  on 
any  such  valuation,  when,  for  any  cause,  he  may  have  reason  to  believe  the 
same  was  not  in  proportion  to  the  prices  of  similar  property  selling  in  the 
vicinity,  such  valuation  to  be  made  from  the  valuation  of  the  same  property 
in  the  assessment  of  the  state  revenue.    (§6750.) 

701.  Interest.    33.    The  rate  of  interest  required  shall  be  six  per  cent, 
in  advance,  payable  annually.    On  failure  to  pay  any  installment  of  interest 
when  due,  the  principal  shall  forthwith  become  due,  and  the  note  and  mort- 
gage may  be  collected.    (As  amended,  1 901 ,  p.  342 ;  §6751 . ) 

702.  Priority  of  "Mortgage.     34.     Such  mortgages  shall  be  considered 
as  of  record  from  the  date  thereof,  and  shall  have  priority  of  all  mortgages  or 
conveyances  not  previously  recorded,  and  of  all  other  liens  not  previously 
incurred,  in  the  county  where  the  land  lies.     (§6752.) 


SCHOOL    LAWS    OF    INDIANA  285 

>rding  of  Mort<rauc.  35.  It  shall  be  the  duty  of  the  auditor 
so  iave  such  mortgages  recorded  with  due  diligence,  the  expense  whereof 
sh;  1  be  borne  by  the  mortgagor,  and  may  be  retained  out  of  the  money 
boi  -owed.  (§67r.  ! 

704.  Certificate  as  to  Liens.    36.    The  person  applying  for  a  loan  shall 
fil(  with  the  auditor  the  certificate  of  the  clerk  and  recorder  of  the  county 
m   rhich  the  land  lies,  showing  that  there  is  no  conveyances  of  or  incumbrance 
on  said  land,  in  either  of  their  offices.    (§6754.) 

705.  \b* tract  of  Title.    37.    Such  person  shall  also,  before  be  receives 
tli    money  to  be  loaned,  make  oath  to  the  truth  of  an  abstract  of  the  title  to 
hi   said  land,  and  that  there  is  no  incumbrance,  or  better  claim,  as  he  believes, 
ui  :>n  said  land.     (§6755.) 

706.  Auditor's  Duty.     38.     On  making  any  loan  of  such  fund,  the 
ai  ditor  shall  draw  his  warrant  on  the  treasurer  in  favor  of  the  borrower;  and 
tl  3  treasurer  shall  pay  the  same  and  charge  it  to  the  proper  fund.     (§6756.) 

707.  Payment.    39.    All  loans  refunded  and  all  interest  shall  be  paid 
ii  to  the  state  treasury;  and  the  treasurer's  receipt  shall  be  filed  with  the 
a  ditor  of  state,  who  shall  give  the  payer  a  quietus  for  the  amount  thereof 
a  .d  make  the  proper  entries  upon  his  books.    (§6757.) 

708.  Satisfaction.    40.    Whenever  the  amount  due  on  any  mortgage 
s  all  be  fully  paid  and  the  treasurer's  receipt  filed  therefor,  the  auditor  shall 
ii  dorse  on  the  note  and  mortgage  that  the  same  has  been  fully  satisfied,  and 

>  invnder  them  to  the  person  entitled  thereto;  and  on  the  production  of  the 

>  in.  .  with  such  indorsement  thereon,  the  recorder  of  the  proper  county  shall 
e  iter  satisfaction  upon  the  record  thereof.    (§6758.) 

709.  Loans,  How  Collected.     41.     When  the  interest  or  principal  of 
a  ay  such  loan  shall  become  due  and  remain  unpaid,  the  auditor  shall  proceed 
t )  collect  the  same  by  a  suit  on  the  note,  or  by  the  sale  of  the  mortgaged  prem- 
i  ;es,  or  both,  as  to  him  may  seem  most  advisable.    He  may,  also,  by  proper 
;i  ••!  ion,  obtain  possession  of  the  mortgaged  premises.    (§6759.) 

710.  Judgment.    42.    In  case  of  suit  on  such  note,  and  judgment  thereon 

i  D  stay  of  .'A. cut  ion  or  appraisement  of  property  shall  be  allowed.     (§6760.) 

711.  Notice  of  Sale.    43.    On  failure  to  pay  any  interest  or  principal, 
•vlu-n  due  on  any  such  mortgage,  the  auditor  shall  advertise  the  mortgaged 

>rop<>rt\  for  sale  in  one  or  more  of  the  newspapers  printed  in  this  state,  for 
ixiy  days— such  sale  to  take  place  at  the  court  house  door  in  Indianapolis. 
(6761.) 

712.  Sale.    44.     At  the  time  appointed  for  such  sale  the  auditor  and 
i  r» -a  surer  of  state  shall  attend,  and  the  auditor  shall  make  sale  of  so  much  of 
tin    mortgaged  premises  to  the  highest  bidder,  for  cash,  as  will  pay  the 
amount  due  for  principal,  interest,  damages  and  cost  of  advertising  and  selling 
the  same;  and  such  sales  may  be  in  parcels,  so  that  the  whole  amount  required 

rrali  /.«•<!.    (§6762.) 

Tilt.    \\  hen  \inlitor  to  Hu>.     Kcsnlr.    •!.">.     I  ii  case  no  one  will  bid  the 
ill  amount  due  as  aforesaid,  the  auditor  shall  bid  in  the  same,  on  account 


286  SCHOOL    LAWS    OF    INDIANA 

of  the  proper  fund;  and  as  soon  thereafter  as  may  be,  he  shall  sell  the  same  to 
the  highest  bidder  for  cash,  or  on  a  credit  of  five  years,  interest  being  payable 
annually  in  advance.  (§6763.) 

714.  Limit  of  Bid — Overplus.     46.     The  sale  authorized  in  the  pre- 
ceding section  shall  not  be  for  less  than  the  amount  chargeable  on  such  land ; 
but  if  for  more,  the  overplus  shall  be  paid  to  the  mortgagor,  his  heirs  or  assigns. 
(§6764.) 

715.  Statement  of  Sale.     47.     The  treasurer  shall  attend  and  make  a 
statement  of  such  sales,  which  shall  be  signed  by  the  auditor  and  treasurer, 
and,  after  being  duly  recorded  in  the  auditor's  office,  shall  be  filed  in  the  treas- 
urer's office,  and  such  record,  or  a  copy  thereof,  authenticated  by  the  aud- 
itor's or  treasurer's  certificate,  shall  be  received  as  evidence  of   the  matters 
therein  contained.    (§6765.) 

716.  Title  in  State,  Without  Deed.    48.    When  any  land  is  bid  in  by 
the  state  at  such  sale,  no  deed  need  be  made  therefor  to  the  state;  but  the 
statement  of  such  sale,  and  the  record  thereof  made,  as  in  the  preceding  sec- 
tion required,  shall  vest  the  title  in  the  state,  for  the  use  of  the  fund.    ( §6766.) 

717.  Sale  for  Cash — Certificate.    49.    In  case  of  a  sale  of  any  such  land 
to  any  person  for  cash,  on  the  production  of  the  treasurer's  receipt  for  the 
purchase  money,  the  auditor  shall  give  to  the  purchaser  a  certificate,  which 
shall  entitle  him  to  a  deed  for  said  land,  to  be  executed  by  the  governor  of 
this  state  and  recorded  in  the  office  of  the  secretary  of  state.    (§6767.) 

718.  Sale  on  Credit.     50.     In  like  manner,  when  any  tract  bid  in  by 
the  state  or  sold  on  a  credit,  on  the  execution  and  delivery  of  a  note  and  mort- 
gage for  the  proper  amount,  as  in  other  cases  required,  the  purchaser  shall 
be  entitled  to  a  deed  for  the  same,  to  be  made  as  prescribed  in  the  preceding 
section;  and  the  transaction  shall  be  entered,  and  appear  upon  the  auditor's 
and  treasurer's  books  as  a  payment  of  the  sum  bid,  and  a  reloan  of  the  same 
to  the  purchaser,  and  the  proper  receipts  and  warrants  shall  pass  therefor. 
(§6768.) 

719.  Fees  and  Damages.    51.    For  the  services  of  the  auditor  and  treas- 
urer in  conducting  such  sales,  they  shall  be  entitled  to  receive  five  per  cent 
damages,  chargeable  on  such  sales.     (§6774.)  , 

720.  Accounts — Reports.     52.     The  auditor  and  treasurer  shall  keep 
fair  and  regular  entries  of  the  sums  received  and  paid  out  on  account  of  said 
fund,  and  shall  include  the  same  in  their  annual  reports.    (§6775.) 

721.  Accounts  with  Borrowers.    53.     In  addition  thereto,  the  auditor 
shall  keep  fair  and  regular  accounts  with  the  borrowers  of  said  fund,  and 
shall  report  the  names  of  borrowers  with  his  annual  report.      (§6776.) 

722.  Interest,   When  Loaned.     54.     Should  any  interest  remain  on 
hand,  not  wanted  for  the  use  of  the  university,  the  same  may  be  loaned  as 
other  funds.    (§6777.) 

723.  Unsold  Lands.    55.    The  care  and  disposition  of  the  lands  belong- 
ing to  and  for  the  use  of  said  university,  remaining  unsold  or  unpaid  for, 


SCHOOL    LAWS    OF    INDIANA  287 

sl  ill  be  vested  in  the  present  commissioners  of  the  reserved  townships  in  the 
c  inties  in  which  such  lauds  may  lie,  who  shall  sell  such  as  remain  unsold, 
a  d  such  as  are  forfeited  for  non-payment,  on  such  terms  and  under  such 
r«  ^illations  as  the  beard  of  trustees  of  such  university  may  provide;  except 
t  at.  in  every  instance,  the  interest  on  the  purchase  money  must  be  paid  in 
;t  vancr.  No  purchaser,  hi-  heirs  or  assigns,  shall  have  the  right  to  cut  down 
d  d.-stroy  timber  standing  upon  such  land,  other  than  for  the  erection  of 
f  DOM  and  buildings  thereon,  or  for  firewood  to  be  used  on  the  premises,  and 
i  fairly  improving  it  for  cultivation.  (§6778.) 

724.     Certificates  of  Payment— Patent.     56.     On  the  first  payment 

I    r  any  such  land  being  made,  the  proper  commissioner  shall  execute  to  the 

I   irchaser  a  certificate  therefor;  and,  on  final  payment,  the  original  certificate 

:•  Kill  be  surrendered  to  the  commissioner,  and  by  him  filed  away,  and  he  shall 

jive  to  the  purchaser  two  final  certificates,  stating  the  whole  amount  of 

1  rincipal  and  the  whole  amount  of  interest  paid,  one  of  which  certificates 

>  mil  be  forwarded  to  the  auditor  of  state;  and  on  presentation  of  the  other  to 

ie  auditor  of  state,  if  in  all  things  correct,  he  shall  countersign  the  same, 

hich  shall  entitle  the  owner  to  a  patent,  to  be  issued  by  the  Governor  for 

he  land  so  paid  for.     (§6779.) 

72.1.  Leases.  57.  Such  commissioners  may,  from  time  to  time,  lease 
ny  such  unsold  improved  land,  for  a  term  not  exceeding  one  year,  until  the 
ame  can  be  sold;  and  such  leases  shall  be  guarded  against  trespass  and  waste 
>y  pro  per  covenants.  (§6780.) 

726.  Commissioners'  Report.    58.    Such  commissioners  shall  make  an 
mnual  report  to  the  board  of  trustees  of  the  lands  remaining  unsold,  such  as 
ire  fo-  -uch  as  are  not  fully  paid  for,  the  amount  due,  and  money 
3ollected  from  sale,  as  interest  or  principal;  which  report  shall  be  subscribed 
and  sworn  to  by  such  commissioners,  respectively,  and  be  incorporated  in 
the  annual  report  of  such  boar£  to  the  general  assembly.     (§6781.) 

727.  Commissioners'  Duty.     59.     Money  collected  by  such  commi>- 
sioners  shall  be  paid  over  to  the  treasurer  of  the  board,  who,  shall  execute 

h  romini-  two  receipts  therefor,  each  specifying  the  persons  for 

whom  such  money  was  collected,  and  the  amount  thereof,  whether  for  interest 
or  principal:  one  of  which  receipts  shall  be  immediately  forwarded  to  the 
uudi'or  of  Mate,  to  be  by  him  used  in  his  settlement  with  such  treasurer. 
(§6782.) 

728.  Pay  of  Coiiimi  — ion,  r-.    <X).    Such  board  shall  regulate  the  com- 

pensat  inn  of  such  commis>i«»ner^.     (§6783.) 

72').     Patents  and  K«-<  onHii-z.    ol.     Patents  for  land  sold  shall  be  made 
by  the  r.overnor,  and  recorded  in  the  office  of  the  secretary  of  state.    (§(>7M. 

[Acts  1855,  p.  201.    Approved  March  3.  1855. 1 

7,'JO.     Pa>  for  Maiiauiii^:  Food.     7.     The  auditor  of  state  and  the  t  r 
urerof  state,  for  the  management  of  the  university  fund,  shall  be,  jointly, 
entitled   to  receive  five  per  cent  upon  the  interest  paid  in  on  such  fund; 


288  SCHOOL    LAWS    OF    INDIANA 

and  it  shall  not  be  lawful  for  them,  or  either  of  them,  to  make  any  other  charges 
against  the  same.    ( §6785. ) 

731.  Extension  of  Payments.    8.     The  time  for  the  final  payments  to 
be  made  by  the  holders  of  original  certificates  for  the  purchase  of  lands  re- 
served and  granted  to  the  state  University  of  Indiana,  in  the  case  of  all  such 
certificates  as  have  heretofore  been  issued  and  are  now  outstanding,  shall 
be  extended  for  the  further  term  of  three  years  from  the  time  when  the  same 
may,  respectively,  fall  due.     (§6786.) 

732.  Forfeiture.  How  Prevented.     9.     Any  and  all  holders  of  such 
certificates,  as  aforesaid,  who  have  forfeited  such  lands  by  the  non-payment 
of  interest  on  the  purchase  money,  shall  be  exempted  and  released  from  such 
forfeiture  by  paying,  to  the  commissioners  of  such  lands,  on  or  before  the 
first  day  of  August,  in  the  year  1855,  all  interest  due  on  the  same,  together 
with  the  interest  upon  the  amount  due  at  the  time  of  such  forfeiture  up  to 
the  time  of  said  payment;  and  upon  such  payment  being  made,  in  the  manner, 
and  within  the  time  herein  specified,  the  holder  of  such  certificate  shall  have 
the  same  rights  under  it  as  if  such  forfeiture  had  never  occurred.    (§6787.) 

733.  Forfeited  Lands.     10.    If  any  portion  of  said  lands  now  forfeited 
shall  not  have  been  redeemed  on  said  first  day  of  August  next,  as  provided  in 
the  preceding  section,  it  shall  be  the  duty  of  the  commissioners  of  such  re- 
served, lands  to  sell  the  same  for  the  best  price  they  can  obtain,  not  less  than 
the  original  purchase  price,  allowing  the  purchaser  a  credit  on  the  same  as 
now  provided  by  law.    If  any  of  such  lands  shall  hereafter  be  forfeited,  it  shall 
be  the  duty  of  such  commissioners,  if  the  same  be  not  redeemed  within  six 
months  from  the  time  of  such  forfeiture,  to  sell  the  same  on  the  terms  in 
this  section  above  provided.     For  their  services  in  effecting  such  sales,  the 
commissioners  shall  be  entitled  to  retain,  out  of  the  fir<st  money  received  from 
the  purchasers,  five  per  cent  upon  the  amount  of  the  purchase  price  of  such 
lands.    (§6788.) 

[Acts  1859,  p.  234.    Approved  March  2,  1859.] 

734.  Appraisement  of  Lands.     1.     The  board  of  trustees  of  the  In- 
diana University  shall  cause  to  be  appraised  the  land  granted  by  the  United 
States  to  the  State  of  Indiana  for  the  use  of  the  said  university.    (§6789.) 

735.  Where  Filed  and  Recorded.    2.     It  shall  be  the  duty  of  the  said 
trustees,  when  the  said  appraisement  shall  have  been  made,  to  record  the 
same  upon  their  books,  and  to  file  a  copy  of  the  same  in  the  office  of  the 
auditor  of  state,  to  be,  by  said  auditor,  recorded  in  his  office;  and,  also,  to 
file  copies  of  such  appraisements  of  the  lands  in  the  respective  counties  in 
the  office  of  the  auditor  of  the  county  where  the  lands  are  situate,  to  be  by 
said  county  auditor  recorded.    ( §6790.) 

736.  Duty  of  County  Auditors.    3.     The  auditor  of  each  of  the  said 
counties  shall,  upon  said  appraisements  being  filed  as  aforesaid,  and  when 
required  to  do  so  by  the  said  board  of  trustees,  offer  for  sale  so  much  of  the 
said  lands  as  may  be  within  their  respective  counties  at  public  auction ,  in  the 
manner  hereinafter  mentioned.    (§6791.) 


SCHOOL    LAWS    OF    INDIANA  289 

fotice  of  Sale.  4.  Notice  of  the  ( inn-,  place  and  conditions  of  such 
sale  ;hall  be  given  by  publication,  for  four  weeks  successively  in  a  newspaper 
pub  shed  in  such  county,  if  any  there  be;  if  not,  in  a  newspaper  in  this  state 
pub  shed  nearest  thereto,  and  also  by  posting  up  written  or  printed  notices 
thei  of  in  three  of  the  most  public  places  in  the  township  in  which  the  lands 
are  ituated,  and  a  like  notice  at  the  courthouse  door  at  the  county  seat. 
(§67  12.) 

7  38.  Sale.  5.  The  place  of  sale  for  said  lands  shall  be  at  the  courthouse 
m  e  ch  county  of  the  state  in  which  the  said  lands  may  be  situated,  and  it 
shal  be  the  duty  of  the  county  auditor  to  attend  at  the  courthouse  of  his 
fou  i\-  at  the  time  mentioned  in  the  notice  of  the  sale  of  said  lands,  and 
offe  for  sale  at  public  auction,  in  legal  subdivisions,  and  as  near  as  practicable, 
in  1  ilf'-quarter  sections,  all  the  lands  lying  within  his  county;  and,  for  that 
pur  ose  he  shall  continue  the  sale  from  day  to  day,  until  all  the  said 
lam  s  shall  have  been  offered  for  sale.  (§6793.) 

39.  Terms  of  Sale.  6.  The  said  lands  shall  be  offered  for  sale  at  the 
tim>  and  place  mentioned  in  such  publication,  and  struck  off  to  the  highest 
bid(  er,  by  said  county  auditor  and  county  treasurer,  for  a  price  not  less  than 
the  appraised  value  thereof — one-fourth  of  the  purchase  money  to  be  paid 
in  h  ind,  and  the  remaining  three-fourths  at  the  expiration  of  ten  years  from 
tin-  late  of  such  sale,  with  interest  annually  in  advance,  at  the  rate  of  seven 
pet-  -i  -in  per  annum,  upon  the  residue  or  deferred  payment.  (§6794.) 

10.  Private  Entry.  7.  When  any  of  said  lands,  offered  at  public 
salt  as  aforesaid,  shall  remain  unsold,  they  shall  be  subject  to  private  entry 
\\  it !  the  county  auditor  and  county  treasurer  of  each  countj',  upon  the  same 
ten  is  and  conditions  as  lands  sold  at  public  auction,  for  a  sum  not  less  than 
the  appraised  value  thereof,  by  any  person  applying  to  enter  the  same. 
(§6-95.) 

"II.  Certificate  of  Purchase.  8.  When  any  sale  shall  be  effected, 
eith  -p  at  public  or  private  sale  as  aforesaid,  the  county  auditor  shall  give  to 
the  purcha-er  thereof  a  cert iticate.  sinned  by  him  officially,  bearing  date  on 
the  day  of  sale,  stating  th< -n-in  the  name  of  the  purchaser,  the  tract  or  tracts 
of  1  ind  purchased  by  him.  the  number  of  acres  contained  in  said  tract  or 
tracts,  the  price  per  acre,  and  the  whole  sum  for  uhich  the  same  was  sold, 
the  amount  of  principal  paid,  and  the  amount  of  interest  paid  in  advance. 
(§6796. 

T42.  Certificate  to  1><  Registered.  (.>.  Said  certificate  shall  be  regis- 
tered by  tin  county  auditor  in  a  hook  pro\  ided  for  that  purpose,  by  entering 
in  -  iid  hook  a  correct  copy  thereof.  (§6797.) 

743.     Certificate    \--i-n-iMe.     10.     Said  certificates  of  entry  shall  be 

evidence  of  titl»  to  the  land  therein  mentioned  in  the  persons  in  whose 
Danes  they  shall  issue,  or  their  aligns,  and  shall  be  as>ignal»le,  provided  such 
assignment-;  he  acknowledged  before  the  auditor  of  the  county  wherein  the 
Ian  1  is  situated  who  i*  hereby  authorized  to  take  >uch  acknowledgments), 
an*  recorded  by  said  auditor  in  a  hook  to  K-  kept  by  him  for  that  purpose; 
for  \\hich  service  the  -aid  auditor  >hall  )><•  entitled  to  receive  a  fee  of  fifty 
cents,  to  be  paid  b\  the  assignor  of  such  certificate.  (§6798.) 

8554—19 


290 


SCHOOL   LAWS    OF   INDIANA 


744.  Forfeiture.     11.     On  failure  of  any  purchaser  to  pay  any  instal- 
ment of  interest  on  said  deferred  payment  of  purchase  money  when  the  samt 
becomes  due,  the  contract  shall  become  forfeited  and  the  land  shall  im- 
mediately revert  to  the  state  for  the  use  of  said  university,  and  the  count} 
auditor  shall  forthwith  proceed  to  sell  the  same  in  the  manner  and  on  th< 
terms  hereinbefore  specified  for  said  public  sales.    (§6799.) 

745.  Surplus.    12.    If,  on  such  subsequent  sale,  such  lands  shall  produr 
more  than  is  sufficient  to  pay  the  sum  owing  therefor,  with  interest  and  cost 
and  five  per  cent  damages  upon  the  amount  due  on  such  lands,  the  surph 
shall,  when  collected,  be  paid  over  to  the  purchaser  so  forfeiting  or  his  leg* 
representative.    (§6800.) 

746.  Forfeiture,  Ho\v  Prevented.     13.     At  any  time  before  such  sul 
sequent  sale,  payment  of  the  sum  due,  with  interest  for  the  delay,  and  al 
costs,  together  with  two  per  cent  damages  upon  the  amount  due  on  sucl 
lands,  shall  prevent  such  sale  and  revive  the  original  contract.    (§6801.) 

747.  Land,  How  Redeemed.     14.     The  former  owner  of  any  lands  sol( 
as  delinquent,  his  heirs,  executors  or  administrators,  may,  at  any  time  with- 
in one  year  after  such  resale,  redeem  the  same  by  paying  to  the  purchaser, 
his  heirs  or  assigns,  or  to  the  county  treasurer,  for  him  or  them,  the  amounl 
of  purchase  money  paid  by  such  purchaser,  together  with  all  subsequent 
payments,  either  of  principal  or  interest,  which  such  purchaser,  or  those  claim- 
ing under  him,  may  have  made  thereon,  with  interest  at  the  rate  of  ten  per 
cent  per  annum.    (§6802.)  i 

748.  Security.     15.     The  board  of  trustees  may  require  security  froi 
the  purchaser  at  any  of  said  sales,  sufficient  to  prevent  any  waste  being  coi 
mitted  upon  the  lands  by  the  removal  of  timber  therefrom,  or  otherwise 

(§6803.) 

749.  Suit  for  Waste.     16.      In  case  of  any  forfeiture  as  aforesaid,  tl 
purchaser  so  forfeiting  shall  be  liable  and  may  be  sued  for  unnecessary  injui 
or  waste  done  to  such  land,  and  damages  to  double  the  amount  of  such  injui 
or  waste  recovered  therefor — such  suit  to  be  begun  and  prosecuted  by 
auditor  of  the  county  where  the  land  lies,  in  the  name  of  the  State  of  Indiam 
for  the  use  of  said  university.     (§6804.) 

750.  Patent,  on  Full  Payment.     17.     On  full  payment  being  im 
for  any  such  land  the  county  auditor  shall  issue  to  the  purchaser,  or  his 
signee,  a  final  certificate  therefor;  which,  upon  presentation  to  the  auditor 
state,  shall  entitle  the  owner  thereof  to  a  patent  for  the  land  described  thereii 
to  be  issued  by  the  Governor  and  recorded  in  the  office  of  the  secretary 
state.    (§6805.) 

751.  Auditor's  Report.     18.     The  county  auditor  shall  make,  on  tl 
first  Monday  of  each  month,  a  report  of  his  sales  of  said  lands  to  the  secret 
of  the  board  of  trustees  and  to  the  auditor  of  state,  showing  the  date  of  salt 
the  description  of  the  lands  sold  from  time  to  time,  the  number  of  acres,  tl 
price  per  acre,  the  total  amount  of  interest  paid,  and  of  all  forfeitures, 
sales  and  redemptions  thereof.    ( §6806.) 


SCHOOL    LAWS    OF   INDIANA  291 

52.  Treasurer's  Report.  19.  The  county  treasurer  shall  make  a 
re])'  rt,  on  the  first  Monday  of  each  month,  to  the  treasurer  of  the  board  of 
tru-  :ees  of  the  university  and  to  the  treasurer  of  state,  of  all  moneys  received 
.  by  im,  whether  principal  or  interest,  on  account  of  such  lands;  and  the  said 
boa  d  of  trustees  shall  require  the  books  of  then*  secretary  and  treasurer  to 
be  !>  >  kept  as  to  exhibit  the  true  condition  of  the  accounts  of  all  such  purchases 
and  sales  of  the  said  lands.  (§6807.) 

'53.  To  Pay  Money  to  State  Treasurer.  20.  The  county  treasurer 
sha  I,  on  the  first  Monday  of  each  month,  pay  over  to  the  treasurer  of  state 
all  urns  received  on  account  of  the  principal  of  the  purchase  money  of  said 
Ian  Is,  and  shall  pay  to  the  treasurer  of  the  board  of  trustees  of  the  university 
all  urns  received  on  account  of  the  interest  upon  the  purchase  money  of  the 
sai<  lands.  (§6808.) 

754.  Pay  to  Auditor  and  Treasurer.    21.    The  several  county  auditors 
an<    treasurers  shall  receive  for  their  services  the  same  compensation  which 
ma  /,  from  time  to  time,  be  allowed  by  law  for  similar  services  in  relation  to 
tht  sale  of  common  school  'ands,  which  shall  be  in  full  for  all  their  services 
req  lired  by  this  act.     (§6809.) 

755.  Loans.     22.     The  auditor  of  state  shall  loan  out   the  said  prin- 
cip  il  of  the  moneys  received  from  the  several  county  treasurers  on  account 
of  !  aid  sales,  in  the  same  manner,  and  requiring  the  same  security,  as  other 
POJ  tions  of  the  university  fund  is   now  or  may  hereafter   be  required   by 
lav   to  be  loaned  out,  and  shall  pay  over  to  the   treasurer  of  the  board 
of  trustees  the  interest  derived  from  said  principal,  as  a  part  of  the  'ncome 
of    he  university.    The  said  auditor  of  state  shall,  in  his  annual  report  to 
tht   legislature,  report  the   names   of   the   borrowers   of   the  whole  of  the 
un  versity  fund,  the  amount  borrowed  by  each,  and  the  total  amount  on 
loa  n,  at  the  date  thereof,  and  the  amount  of  the  suspended  debt,  if  any,  and 
in  -vhose  name  forfeited.    (§6810.) 

756.  Disposition  of  Proceeds.    23.    Of  the  first  proceeds  of  said  sum, 
th»  said  board  of  trustees  shall  be  entitled  to  receive  an  amount  equal  to  the 
airount  of  interest  belonging  to  the  university  and  loaned  out  as  principal 
by  the  auditor  of  state,  as  shown  by  the  report  of  that  officer  to  the  general 
assembly  at  the  session  of  1851-52;  which  shall  be  paid  to  the  treasurer  of  the 
boird  of  trustees  of  the  university,  and  be  applied,  under  the  order  of  the 
bo  ird  of  trustees,  to  the  discharge  of  the  debts  growing  out  of  the  rebuilding 
of  the  university,  and  to  the  purchase  of  a  suitable  library,  philosophical 
apparatus  therefor,  or  proper  furniture,  in  place  of  those  destroyed  by  the 
burning  of  the  university.    (§6811.) 

757.  Report  of  Sales.    24.    The  board  of  trustees  shall,  in  their  annual 
re  >ort,  include  a  full  statement  of  the  amount  of  the  sales  of  such  lands,  and 
th3  application  of  the  funds  received  therefor,  as  reported  to  them,  from  time 
to  time.    (§6812.) 

758.  One  Trustee  to  Attend  Sales.     25.     One  member  of  the  board 
of  trustees,  to  be  designated  by  the  board,  shall  attend  to  the  public  sales 
of  the  said  lands,  to  prevent  combinations  injurious  to  the  interests  of  the 


292  SCHOOL   LAWS    OF   INDIANA 

university;  and  he  shall  have  power  to  withdraw  the  said  lands,  or  any  por- 
tion thereof,  from  sale,  when,  in  his  judgment,  the  interests  of  the  university 
would  be  thereby  promoted,  and  shall  have  the  power  and  right  to  designate 
and  determine  in  what  subdivisions  any  of  the  said  lands  may  be  sold,  at  the 
time  of  said  public  sale,  for  the  beet  interests  of  the  said  university.  (§6813.) 

759.  No  Member  to  Deal  in  the  Lands.    26.    No  member  of  the  board 
of  trustees  of  the  university  shall  either  directly  or  indirectly,  become  the 
purchaser  of  any  such  lands  at  any  sale  made  by  the  county  auditor,  or  by 
private  entry  with  the  auditor,  after  any  forfeiture  of  purchase,  and  any  sale 
made  to  any  member  of  the  said  board,  contrary  to  the  provisions  of  this 
section,   shall  be  absolutely  void,  and  the  purchase-money,   and  interest 
which  may  have  been  paid  thereon,  shall  be  forfeited  to  the  university  fund. 
(§6814.) 

760.  Trustees  to  get  Information.     27.     The  commissioners  of  the 
university  lands  in  Gibson  and  Monroe  Counties,  and  the  several  county 
auditors  and  treasurers  of  the  counties  in  which  any  of  the  university  lands 
are  situated  shall  furnish  such  information  in  relation  to  the  lands  and  other 
property  of  the  university,  as  may,  from  time  to  time,  be  required  of  them 
by  the  said  board  of  trustees,  and  shall  report,  annually,  the  amount  of  unpaid 
purchase  money  due  on  the  lands  sold  for  the  use  of  the  said  university,  in 
each  of  their  counties.    ( §6815.) 

[Acts  1897,  p.  117.    Approved  March  2,  1897.] 

761.  State  Treasurer  Collects  Loan.  1.  The  treasurer  of  state 
shall  proceed  at  once  to  collect  all  outstanding  loans  belonging  to  the  perma- 
nent endowment  fund  of  the  State  University,  located  at  Bloomington,  which 
may  be  due.  and  shall  collect  all  other  loans  belonging  to  said  fund,  as  fast  as 
they  become  due,  which  money,  together  with  all  other  moneys  that  come 
into  the  hands  of  said  treasurer,  belonging  to  said  fund,  shall  be  immediately 
apportioned  by  the  auditor  of  state  pro  rata  among  the  several  counties  in 
this  state,  according  to  population,  as  ascertained  by  the  enumeration  taken 
and  made  in  the  year  1895,  for  legislative  apportionment,  and  that  the  treas- 
urer of  state,  immediately  thereafter,  pay  the  same  to  the  several  county 
treasurers  according  to  said  apportionment  made  by  the  said  auditor  of 
state,  and  take  their  receipts  therefor;  and  semi-annually,  on  the  first  day  of 
May  and  November  of  each  year,  the  said  auditor  of  state  shall  apportion 
the  amount  collected  during  the  preceding  six  months,  and  the  treasurer  of 
state  shall  pay  the  same  to  the  respective  county  treasurers  as  above  provided. 
.(§6770.) 

762.  County  Auditors  Loan.  2.  The  said  moneys  so  distributed  and 
paid  to  said  counties,  as  provided  by  section  one  (1)  of  this  act,  shall  be  loaned 
by  the  auditors  of  the  respective  counties  in  the  same  manner  and  on  the 
same  terms  and  conditions  and  under  the  same  restrictions,  subject  to  the 
same  limitations,  and  said  loans  shall  be  again  collected  from  the  borrower, 
as  the  common  school  funds  are  now  loaned  and  collected.  And  the  said 
several  counties  shall  be  liable  in  the  same  manner  and  to  the  same  extent 
for  the  principal  and  interest  of  said  fund,  and  for  the  payment  of  the  same, 


INDIANA 


as  tl  y  are  now  liable  for  the  payment  of  the  interest  and  print1/ pal  of  the 
comi  on  school  funds.    (§6771.) 

7«  3.  Auditor  of  State  Can  Not  Loan.  3.  The  auditor  of  state  i> 
herel  y  prohibited  from  making  any  further  loans  from  said  fund,  and  -ill 
mon<  y  in  his  hands  belonging  thereto  shall  be  by  the  auditor  of  state  appor- 
tion! 1,  and  by  the  treasurer  of  state  paid  to  the  several  counties,  where  ap- 
porti  >nment  is  made  as  provided  in  section  one  (1)  of  this  act.  (§6772.) 

74.  Counties  Pay  Interest.  4.  The  several  counties  of  this  state 
shall  pay  the  interest  OD  said  fund  to  the  treasurer  of  state  at  the  same  time 
and  n  the  same  manner  as  interest  is  now  paid  on  the  school  fund,  and  said 
trea^  irer  of  state  shall  at  once  pay  the  same  to  the  trustees  of  the  Indiana 
Uni^  arsity  an4  take  proper  receipts  therefor.  (§6773.) 

[Acts  1903,  p.  142.    Approved  March  3,  1903.] 

"i  65.  Suit  for  Deficiency  After  Sale.  1.  In  all  cases  where  the  auditor 
of  st  ite  has  made  loans  from  the  university  fund,  college  fund  or  the  perma- 
nent endowment  fund  of  the  Indiana  State  University,  which  said  loans  were 
secu  -ed  by  mortgage  upon  real  estate,  and  when  said  mortgaged  premises 
have  been  heretofore  or  which  may  be  hereafter  forfeited  to  the  state  for  non- 
payi  lent  of  the  amount  due  thereon,  or  have  been  heretofore  or  hereafter 
shal  be  bid  in  by  the  auditor  of  state  for  the  benefit  of  said  respective  funds, 
and  A'here  said  mortgaged  premises  when  sold  according  to  law  after  having 
beer  forfeited  or  bid  in  by  the  auditor  of  state  have  failed  or  shall  fail  to  sell 
for  £  sum  sufficient  to  satisfy  the  principal  and  interest  of  the  loan  made  and 
the  damages  accrued  by  reason  of  such  failure  and  costs,  the  auditor  of  state 
shall  bring  suit  on  the  note  executed  by  the  mortgagor  for  the  deficiency,  for 
whi<  h  deficiency  the  maker  shall  be  liable;  and  when  judgment  shall  be 
rendered  thereon,  no  appraisement  of  property  shall  be  allowed  on  execution 
issue  d  on  such  judgment.  (§6769.) 

[Acts  1909,  p.  99.      Approved  March  2,  1909.) 

'66.  School  of  Medicine.  1.  The  trustees  of  Indiana  University  are 
hereby  authorized  to  conduct  a  medical  school  in  Marion  county,  Indiana, 
and  to  receive  gifts  of  real  estate  and  other  property  on  behalf  of  the  State 
of  I  idiana  for  tin-  maintenance  of  medical  education  in  said  county,  condi- 
tion d  that  said  trustees  shall  conduct  as  an  integral  part  of  the  Indiana 
Univ'ersity  school  of  medicine  a  full  four  years'  course  in  medioine  in  said 
Ma  ion  county,  Indiana:  Provided,  That  there  shall  be  no  discrimination 
for  or  against  any  school  or  system  of  medicine  in  the  university,  and  that  all 
or  <  ach  of  the  schools  or  systems  of  medicine  now  recognized  by  the  state 
sha  1  have  adequate  opportunity  to  teach  the  practice  of  medicine  in  the 
nni  er<ity  a<  cording  to  the  principles  advocated  by  them  respectively,  and 
tha  it  shall  be  the  duty  of  the  trustees  of  Indiana  University  to  provide  such 
instruction  in  as  thoro-^h  a  manner  as  the  means  at  their  disposal  will  per- 
mit .  and  as  nearly  as  possible  to  provide  the  same  qi .ality  of  instruction  when- 
;6ve:*  a  reasonable  demand  shall  be  made  for  the  same:  Provided,  furthrr, 

I  it  premedical  or  other  collegiate  work  done  in  any  college  or  University 


294  SCHOOL    LAWS    OF    INDIANA 

of  Indiana,  which  is  recognized  by  the  state  board  of  education  of  Indiana 
as  a  standard  college  or  university,  shall  be  received  and  credited  in  the 
Indiana  University  school  of  medicine  i;pon  the  same  conditions  as  work  of 
the  same  kind,  grade  and  amount  done  in  the  department  of  liberal  arts  of 
Indiana  University.  (§6741a.) 


SCHOOL    LAWS    OF    INDIANA 


295 


CHAPTER  XXIX. 
PURDUE  UNIVERSITY. 


SEC 
767. 

768. 
769. 
770. 
771. 
772. 
773. 

771 
775. 
776. 
777. 
77^ 
779. 
780. 
781. 

782. 
783. 
784. 

786. 
787. 


Agricultural  college  scrip. 

The  first  trustees  and  original  name. 

Sale  and  investment  of  scrip. 

Donations  accepted. 

Location. 

Permanent  name. 

Corporate  name — Powers  and  du- 
ties of  trustees. 

Dedication  of  street. 

I  'owor  to  dedicate. 

Privileges  of  John  Purdue. 

Amendment  or  repeal. 

Appointment  of  trustees. 

Term  of  office. 

Vacancies,  how  filled. 

Officers — Treasurer's  bond  and  du- 
ties. 

County  students. 

Students. 

Investment  of  fund. 

Gift  to  establish  institute  of  tech- 
nology. 

Farmers'  reading  courses. 

Agriculture  —  Rural  improvement 
— Appropriation. 


788.  Uses  of  appropriation. 

789.  Extension  department. 

790.  Farmers'  institute — County  audit- 

or. 

791.  County  council — Appropriation. 

792.  Repeal. 

793.  Acceptance  of  \J.  S.  grant. 

794.  Agricultural     experiment      station 

work — Appropriation. 

795.  Uses  of  appropriation. 

796.  Work — How  carried  out. 

797.  Preamble. 

798.  Purdue     University — Government 

grant. 

799.  Donations     to     state    educational, 

charitable  or  benevolent  institu- 
tions. 

800.  Annuity  provisions. 

801 .  Appraisers — Approval  of  Governor. 

802.  Payment  of  annuities  may  be  se- 

cured . 

803.  Annuities  not  taxable. 

804.  Institutions  restricted. 

805.  Money  held  in  trust  by  state. 
800.     Gifts  legalized. 


[Acts  1865,  p.  106.    Approved  March  6,  1865.] 

767.  Agricultural  College  Scrip.  1.  The  State  of  Indiana  accepts 
and  -laims  the  benefits  of  the  provisions  of  the  acts  of  congress,  approved  July 
2,  I*i62,  and  April  14,  1864,  and  assents  to  all  the  conditions  and  provisions 
in  si  Jd  acts  contained.  (§6844.) 

1       CONGRESSIONAL  LEGISLATION.     The  acts  of  congress  referred  to  in  this  section 

R>e  found  in  the  Acts  of  1865  (p.  106).  set  out  at  length  in  the  preamble. 
68.     The  First  Trustees  and  Original   Name.     2.     The  Governor 
us  state,  for  the  time  being,  and  Alfred  Pollard  of  Gibson,  Smith  Vawter 
of  .1  -linings,  Henry  Taylor  of  Tippecanoe,  and  Lewis  Burk  of  Wayne,  and 
thci  •  successors,  are  created  a  body  corporate,  under  the  name  of  "The 
Trustees  of  the  Indiana  Agricultural  College.'      (§6845.) 

B'69.  Sale  and  Investment  of  Scrip.  5.  Said  trustees  shall,  by  the 
i  of  their  treasurer,  claim  and  rereive  from  the  secretary  of  the  interior 
the  laud  scrip  t<>  which  this  state  is  entitled  by  the  provisions  of  said  acts  of 
confess;  and,  under  their  direction,  said  treasurer  shall  sell  the  same,  in 
such  manner  and  at  such  times  as  shall  be  most  advantageous  to  the  state, 
and  >hall  invest  the  proceeds  thereof,  and  any  interest  that  may  accrue  there- 
on, in  the  stocks  of  the  United  States,  or  of  this  state,  yielding  not  less  than 
five  per  cent  per  annum,  upon  the  par  value  of  the  stocks;  and  said  prin- 


296  SCHOOL    LAWS    OF    INDIANA 

cipal  and  interest  shall  continue  to  be  so  invested,  until  further  provis'on 
shall  be  made  by  the  general  assembly  of  this  state  for  fulfilling  the  require- 
ments of  said  acts  of  congress.  (§6846.) 

[Acts  1869,  p.  24.     Approved  May  6,  1869.] 

770.  Donations  Accepted.     1.     The  donation  offered  by  John  Pur- 
due, as  set  forth  and  communicated  to  the  present  general  assembly  in  the 
message  of  the  Governor,  on  the  sixteenth  day  of  April,  1869,  and  the  donations 
offered  by  the  county  of  Tippecanoe,  the  trustees  of  the  Battle-Ground 
Institute,  and  the  trustees  of  the  Battle-Ground  Institute  of  the  Methodist 
Episcopal  church,  as  set  forth  and  communicated  to  the  general  assembly, 
at  its  last  session,  in  the  message  of  the  Governor,  of  the  twenty-seventh  day 
of  January,  1869,  are  hereby  accepted  by  the  State  of  Indiana.     (§6847.) 

771.  Location.     2.     The  college  contemplated  and  provided  by  the 
act  of  congress,  approved  July  2,  1862,  entitled  "An  act,  donating  public 
lands  to  the  several  state  and  territories  which  may  provide  colleges  for  the 
benefit  of  agriculture  and  the  mechanic  arts,"  is  hereby  located  in  Tippecanoe 
county,  at  such  point  as  may  be  determined  before  the  first  day  of  January, 
1870,  by  a  majority  vote  of  the  trustees  of  the  Indiana  agricultural  college; 
and  the  faith  of  the  state  is  hereby  pledged  that  the  location  so  made  shall  be 
permanent.     (§6848.) 

772.  Permanent   Name.     3.     In  consideration  of  said  donation  by 
John  Purdue,  amounting  to  one  hundred  and  fifty  thousand  dollars,  and  of 
the  further  donation  of  one  hundred  acres  of  land  appurtenant  to  the  in- 
stitution, and  on  condition  that  the  same  be  made  effectual,  the  said  institu- 
tion, from  and  after  the  date  of  its  location  as  aforesaid,  shall  have  the  name 
and  style  of  "Purdue  university;"  and  the  faith  of  the  state  is  hereby  pledged 
that  said  name  and  style  shall  be  the  permanent  designation  of  said  institu- 
tion, without  addition  thereto  or  modification  thereof.     (§6849.) 

773.  Corporate  Name — Powers  and  Duties  of  Trustees,     4.     From 
and  after  the  date  of  the  location  made  as  aforesaid,  the  corporate  name  of 
the  trustees  of  the  Indiana  agricultural  college  shall  be  "The  trustees  of  Pur- 
due university;"  and  they  shall  take  in  charge,  have,  hold,  possess,  and  man- 
age,  all  and  singular,  the  property  and  moneys  comprehended  in  said  dona- 
tions, as  also  the  fund  derived  from  the  sale  of  the  land  scrip  donated  under 
said  acts  of  congress,  and  the  increase  thereof,  and  all  moneys  or  other  pro- 
perty which  may  hereafter  at  any  time  be  donated  to  and  for  the  use  of  said 
institution.     They  shall  also  have  power  to  organize  said  university  in  con- 
formity with  the  purposes  set  forth  in  said  acts  of  congress,  holding  their 
meetings  at  such  times  and  places  as  they  may  agree  on,  a  majority  of  their 
number  constituting  a  quorum.     They  shall  provide  a  seal;  have  power  to 
elect  all  professors  and  teachers,  removable  at  their  pleasure;  fix  and  regulate 
compensations;  do  all  acts  necessary  and  expedient  to  put  and  keep  said 
university  in  operation;  and  make  all  by-laws,  rules,  and  regulations  re- 
quired or  proper  to  conduct  and  manage  the  same.     (§6850.) 

[Acts  1893,  p.  36.     Approved  February  17,  1893.] 

774.  Dedication   of  Street.      1.     The  trustees  of  Purdue  University 
are  hereby  empowered  to  dedicate  for  a  public  street,  adjoining  the  town 


297 

We.1-    Lafayette,  Indiana,  a  strip  of  land  thirty  feet  in  width,  and  described 
as  f  llows:     Beginning  at  the  southeast  corner  of  the  lands  owned  l> 
unr  3rsity,  and  running  thence  north  along  the  east  side  of  said  university 
lam  <  to  the  state  road,  a  distance  of  about  thirteen  hundred  and  fifty  feet. 
(§6>31.) 

75.  Power  to  Dedicate.  2.  That  the  trustees  of  Purdue  University 
are  icreby  empowered  to  dedicate  for  public  streets  such  strips  of  lands  ex- 
ten  ing  through  or  along  the  grounds  owned  by  said  university  as  they  may 
dee  a  for  the  best  interest  of  said  university.  (§6862.) 

[Acts  1869,  p.  24.     Approved  May  6,  1869.] 

T76.  Privileges  of  John  Purdue.  5.  In  further  consideration  of  his 
sai  donation,  John  Purdue  shall,  from  and  after  the  taking  effect  of  this 
act  be  added  as  a  member  of  said  trustees  of  the  Indiana  agricultural  college, 
an<  he  shall  also  be  a  member  of  said  trustees  of  Purdue  University.  Should 
he,  at  any  time,  cease  to  be  such  member,  he  shall  be  continued  as  an  advisory 
me  nber  of  said  trustees;  and  he  shall,  during  his  lifetime,  have  visitorial 
po  ^er,  for  the  purpose  of  inspecting  the  property,  real  and  personal,  of  said 
un  versity,  recommending  to  the  trustees  such  measures  as  he  may  deem 
ne<  essary  for  the  good  of  the  university,  and  investigating  the  financial  con- 
cei  as  of  the  corporation.  And  he  is  authorized  to  make  report  of  his  exam- 
im  tion,  inspection,  and  inquiries,  to  the  general  assembly,  at  any  session 
th.reof.  (§6852.) 

777.  Amendment  or  Repeal.     6.     This  act  shall  be  subject  to  future 
an  endment  or  repeal,  except  so  far  as  it  provides  for  the  acceptance  of  do- 
na :ions,  the  location  of  the  college,  the  name  and  style  thereof,  and  the 
rights  and  privileges  conferred  upon  John  Purdue.     (§6853.) 

[Acts  1875,  p.  120.    Approved  March  9,  1875.] 

778.  Appointment  of  Trustees.     1.     On  the  first  day  of  July,  1895, 
it  shall  be  the  duty  of  the  Governor  of  this  state  to  appoint  nine  trustees  for 
Purdue  University,  two  of  whom  shall  be  nominated  by  the  state  board  of 
agriculture,  one  by  the  state  board  of  horticulture,  one  by  the  Purdue  Alumni 
Association,  and  five  selected  by  the  Governor  himself:     Provided,  That  no 
more  than  two  of  such  trustees  as  may  be  selected  by  the  Governor  himself 
si  all  be  appointed  from  any  one  congressional  district:     And  also  provided, 
That  the  first  board  so  appointed  shall  include  the  three  persons  who  at  the 
ti  me  are  the  last  nominees  of  the  state  board  of  agriculture  and  the  state  board 
ol  horticulture:     And  also  provided,  That  the  board  of  trustees  now  in  office 
shall  remain  in  office  and  perform  all  the  duties  thereof  as  now  required  by 
h  w  until  their  successors  are  duly  appointed  and  qualified,  as  provided  in 
tliis  act:     And  provided,  further,  That  the  nominee  of  the  Purdue  Alumni 
-Association  shall  be  a  graduate  of  Purdue  University:     And  also  provided, 
1  hat  the  nominee  of  Purdue  Alumni  Association  shall  be  appointed  by  the 
Governor  of  the  State  of  Indiana  to  fill  the  second  vacancy  in  said  board  oc- 
curring after  the  taking  effect  of  this  act,  by  expiration  of  term  or  otherwise, 
among  the  trustees  heretofore  appointed  by  the  Governor  himself.     (§6854, 

s  amended,  Acts  1909,  p.  357.) 


298  SCHOOL    LAWS    OF    INDIANA 

779.  Term  of  Office.  2.  The  persons  so  appointed  shall  constitu 
the  board  of  trustees  of  said  university,  and  shall  hold  their  offices  as  follows: 
Two  members  of  the  first  board  shall  hold  their  offices  for  one  year  and  until 
their  successors  are  appointed;  two  for  two  years,  and  two  for  three  years; 
and  at  the  expiration  of  the  term  of  office  of  any  of  the  members  of  the  first 
or  any  subsequent  board,  their  successors  shall  be  appointed  in  like  manner, 
and  with  like  nomination,  as  provided  in  this  act,  to  hold  their  offices  for  the 
term  of  three  years,  and  until  their  uccessors  are  appointed.  (§6855 
amended  18'J5,  p.  201.) 


780.  Vacancies,    How    Filled.     3.     If,    from   any   cause,    a   vacancy 
occur  in  said  board,  the  same  shall  be  filled,  by  appointment,  to  fill  the  un- 
expired  term,  the  person  appointed  to  fill  such  vacancy  being  nominated  and 
appointed,  or  appointed,  in  the  same  manner  as  his  predecessor  had  been  at 
the  commencement  of  such  term.     ( §6856.) 

781.  Officers — Treasurer's    Bond    and    Duties.     4.     Said    trustees 
shall,  at  their  first  meeting  after  their  appo  ntment,  and  every  two  years 
thereafter,  chose  a  president  of  said  board;  and  they  shall,  at  such  meeting, 
and  every  two  years  thereafter,  and  whenever  a  vacancy  occurs,  elect,  by 
ballot,  a  secretary  and  treasurer,  neither  of  whom  shall  be  a  member  of  the 
board  whose  compensation  shall  be  fixed  by  the  trustees.     The  said  treasurer 
shall  give  such  bond  to  the  State  of  Indiana  in  any  sum  not  less  than  fifty 
thousand  dollars  for  the  faithful  execution  of  his  trust,  with  sufficient  sureties 
as  said  trustees  may  require;  and  he  shall  receive,  take  charge  of,  and,  under 
the  direction  of  said  trustees,  manage  all  [the]  stocks  and  funds  belonging 
to  said  university.     (As  amended  1801.  p.  34;  §6857.) 

[Acts  1877,  p.  60.    Approved  March  12,  1877.] 

782.  County    Students.     1.     The   board   of   commissioners   of   each 
county  in  this  state  may  appoint,  in  such  manner  as  it  may  choose,  two  stud- 
ents, or  scholars,  to  Purdue  University,  who  shall  be  entitled  to  enter,  re- 
main, and  receive  instruction  in  the  same,  upon  the  same  conditions,  quali- 
fications and  regulations  prescribed  for  other  applicants  for  admission  to, 
or  scholars  in,  said  university:     Provided,  however,  That  every  student  ad- 
mitted to  said  university  by  appointment,  by  virtue  of  this  act,  shall  in  no- 
wise be  chargeable  for  room,  light,  heat,  water,  tuition,  janitor  or  matricula- 
tion fees;  and  said  student  shall  be  entitled,  in  the  order  of  admittance,  to 
any  room  in  the  university  then  vacant  and  designed  for  the  habitation  or 
occupancy  of  a  student;  and  such  student  so  admitted  shall  have  prior  right 
to  any  such  room,  subject  to  the  rules  of  the  university,  over  any  student 
not  appointed  and  admitted  as  aforesaid.     (§6858.) 

783.  Students.     2.     No  more  than  two  students  at  the  same  time  from 
anyone  county  shall  be  entitled  to  admittance  to  said  university,  under  the  pro- 
visions of  this  act.     But  the  board  of  commissioners  of  each  county  may, 
from  time  to  time,  appoint  as  aforesaid,  to  any  vacancy  in  its  appointments. 
(§6859.) 


SCHOOL    LAWS    OF   INDIANA  299 

[Acts  1881,  p.  585.     Approved  April  14,  1881.] 

784.  Investment   of  Fund.     1.     The  trustees  of  Purdue  University, 
by  '  aeir  treasurer,  are  hereby  authorized,  on  or  after  the  first  day  of  April, 
188  ,  to  surrender  to  the  treasurer  of  state  the  bond  executed  to  said  univer- 
sity by  the  State  of  Indiana,  bearing  date  April  1,  1878,  and  payable,  in  the 
sun    of  two  hundred  thousand  dollars,  on  April  1,  1881;  and  a  like  bond 
exe  uted  by  the  state  to  said  university,  dated  April  1,  1879,  and  payable, 
in     tie  sum  of  one  hundred  and  twenty-five  thousand  dollars,  on  April  1, 
18^  t;  and  also  to  pay,  out  of  the  proceeds  of  the  United  States  five  per  cent 
boi  ds  now  held  by  said  university  (which  said  trustees  are  hereby  empowered 
to    ell),  the  sum  of  fifteen  thousand  dollars  to  said  treasurer  of  state;  who, 
th(  -eupon,  is  hereby  directed  to  issue  and  deliver  to  said  treasurer  of  Purdue 
Ur  versity  a  non-negotiable  bond  of  the  State  of  Indiana,  to  be  signed  by  the 
Gc  /ernor  and  state  treasurer,  and  attested  by  the  secretary  of  state  and  the 
ste  ;e  seal  (the  same  to  be  dated  April  1, 1881,  and  payable,  twenty  years  after 
its  date,  to  the  trustees  of  Purdue  University  and  their  successors,  with  in- 
tei  3st  at  the  rate  of  five  per  cent  per  annum,  payable  quarterly  after  date  of 
th     bond),  all  for  the  use  of  Purdue  University — said  bonds  surrendered, 
an  1  fifteen  thousand  dollars  paid,  constituting  the  endowment  fund  of  said 
in  i versity  derived  from  the  gift  of  the  United  States.     (§6860.) 

[Acts  1889,  p.  351.    Approved  March  9,  1889.] 

785.  Gift    to    Establish    Institute   of   Technology.      1.     Whenever 
ai  y  individual  or  individuals  shall  give,  donate  or  bequeath  a  sum  of  money 
01  other  valuable  property  for  the  purpose  of  establishing  an  institute  of 
U  chnology.  or  other  special  schools  in  connection  with  Purdue  University  in 
ai  id  on  the  grounds  of  said  university,  the  trustees  of  said  university  are  here- 
b  /  authorised  and  empowered  to  accept  such  donation,  gift  or  bequest  for 
a  id  on  behalf  of  the  State  of  Indiana  for  such  institute  on  such  terms  as  may 
ba  agreed  upon  by  and  between  such  trustees  and  said  donor  or  donors  or 
devisior  [devisor];  and  the  said  trustees  are  hereby  authorized  to  establish, 
maintain  and  operate  such  an  institution  in  connection  with  Purdue  Univer- 
s  ty:     Provided,   That  such  institute  of  technology  shall  be  freely  open  to 
students  upon  the  same  terms  upon  which  Purdue  University  is  open  to  stu- 
cents.     And,  provided.    That  nothing  in  this  act  shall  enable  or  authorize 
said  trustees  to  make  any  contract  with  said  donor  or  donors  by  which  any 
debts  shall  be  created  beyond  or  above  current  legislative  appropriations  to 
the  university.     And,  provided  further,  That  the  terms  upon  which  such  do- 
:iations  are  received  and  accepted  shall  not  be  effective  unless  the  same  are 

endorsed  and  approved  by  the  Governor  of  the  State  of  Indiana.     (§6863.) 

786.  Farmers'   Reading    Courses.      1.     In    order    to  promote  home 
study  and  reading  in  subjects  relating  to  rural  life  and  the  principles  of  agri- 
culture the  trustees  and  faculty  of  Purdue  university  shall   entourage  and 
direct  farmers'   reading  courses  and    publish   and  distribute  circulars  and 
pamphlets  of  information  on  the  above  subjects  as  may  seem  profitable  in 
promoting  the  agricultural  interests  of  the  state.     (§6851.) 


[Acts  1903,  p.  508.    Approved  March  10.  1903.] 


300  SCHOOL    LAWS    OF    INDIANA 

[Acts  1911,  p.  80.    Approved  February  27,  1911.] 

787.  Agriculture — Rural   Improvement — Appropriation.       1.       In 

order  to  promote  the  improvement  and  advancement  of  agriculture,  domestic 
science  and  rural  life,  among  the  people  of  the  several  counties  of  the  State  of 
Indiana,  and  aid  in  the  diffusion  among  the  people  of  the  several  counties 
of  the  State  of  Indiana,  useful  and  practical  information  on  subjects  connected 
with  agriculture,  domestic  science  and  rural  betterment,  the  following  sums 
of  money  are  hereby  appropriated  to  Purdue  University,  out  of  any  moneys 
in  the  general  fund  of  the  state  treasury  not  otherwise  appropriated,  $10,000 
for  the  fiscal  year  ending  Spetember  30,  1911,  and  $30,000.00  annually  there- 
after, said  sums  to  be  paid  quarterly  to  the  treasurer  of  Purdue  University. 
• 

788.  Uses  of  Appropriation.     2.     The  sum  of  ten  thousand  dollars 
($10,000.00)  available  during  the  current  year  and  the  thirty  thousand  dol- 
lars ($30,000.00)  annually  appropriated  thereafter  in  section  1  of  this  act 
shall  be  expended  by  the  school  of  agriculture  and  the  agricultural  experi- 
ment station  of  said  university  in  securing  the  necessary  office  force,  exten- 
sion workers,  lecturers  and  equipment,  and  in  defraying  any  other  expenses 
in  the  study  of  rural  conditions  and  in  promoting  and  aiding  in  the  organiza- 
tion and  holding  in  various  parts  of  the  state,  farmers'  short  courses,  farmers' 
institutes,   farmers'   conferences,   contests,   lectures   and   demonstration  of 
work  of  various  types,  and  any  other  forms  of  agricultural  extension,  instruc- 
tion and  demonstration  agreed  upon  by  the  authorities  of  Purdue  University 
as  being  necessary  to  accomplish  the  purpose  of  this  act. 

789.  Extension  Department.     3.     The  work  proposed  by  this  act 
shall  be  carried  out  by  the  said  Purdue  University  through  the  extension  de- 
partment of  the  school  of  agriculture  and  agricultural  experiment  station 
under  such  rules,  regulations  and  methods  as  may  be  prescribed,,  and  along 
lines  to  be  determined  by  the  following  officers:     The  board  of  trustees,  the 
president  of  the  university,  the  dean  of  the  school  of  agriculture,  the  director 
of  the  agricultural  experiment  station,  the  superintendent  of  agricultural 
extension  of  Purdue  University,  and  the  advisory  committee  as  provided  for 
in  section  3  of  chapter  167,  laws  of  1909. 

790.  Farmers'    Institute — County   Auditor.     4.     For   the   purpose 
of  defraying  the  local  expenses  of  meetings  held  and  other  work  done  under  the 
provisions  of  section  2  and  in  accordance  with  the  rules  and  regulations  pro- 
vided for  in  this  act,  such  as  hall  rents,  printing,  advertising,  prizes  for  con- 
tests and  other  local  expenses,  the  county  farmers'  institute  chairman,  is 
hereby  authorized  to  file  with  the  county  auditor,  an  itemized  list  of  expenses 
of  such  meeting  or  meetings,  and  other  work  done  and  the  county  auditor 
shall,  after  such  claims  have  been  approved  by  the  county  commissioners, 
draw  a  warrant  or  warrants  on  the  county  treasurer  who  shall  pay  same: 
Provided,   That  in  no  instance  shall  the  aggregate  of  such  items  exceed  an 
amount  equal  to  twenty-five  cents  for  each  square  mile  of  territory  in  said 
county. 

791.  County     Council — Appropriation.     5.     That    there    may    be 
funds  in  the  county  treasurer  available  for  the  payment  of  such  warrants 


SCHOOL    LAWS    OF    INDIANA  301 

as  ire  herein  provided  for,  the  county  council  shall  appropriate  annually 
an  amount  equal  to  twenty-five  cents  for  each  square  mile  of  territory  in 
sai  I  county. 

792.  Repeal.     6.     An  aot  entitled  "An  act  to  encourage  the  study  of 
ag  iculture,  horticulture,  economic  entomology,  and  agricultural  chemistry, 
pr  viding  for  the  county  institutes,  prescribing'  the  duties  of  the  trustees, 
ai  1  faculty  of  Purdue  University  in  connection  therewith  and  making  an 
aj  >ropriation  therefor,"  approved  March  9,  1889;  an  act  to  amend  section 
3    )f  an  act  to  encourage  the  study  of  agriculture,  horticulture,  economic 
ei  pomology,   and   agricultural   chemistry,   providing  for  county  institutes, 
pi  ascribing  the  duties  of  trustees   and   faculty    of  Purdue  University    in 
"<  inection  therewith  and  making  appropriations  therefor,  approved  March 
9.  1889,  approved  March  4,  1901 ;  and  an  act  entitled  "An  act  for  the  encour- 
aj  ement  of  farmers'  institutes  and  authorizing  the  county  auditor  to  draw 
\v  irrants  under  certain  conditions,"  approved  March  8,  1907;  are  hereby 
r(  pealed. 

[Acts  1891,  p.  483.    Approved  March  7,  1891.] 

793.  Acceptance    of   United    States    Grant.      1.      Whereas,    an   act 
o    congress,  approved  August  30,  1891,  entitled  an  act  to  apply  a  portion 

0  '  the  proceeds  of  the  public  lands  to  the  more  complete  endowment  and  sup- 

1  )rt  of  the  colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts 
e  -taMished  under  the  provisions  of  an  act  of  congress,  approved  July  2,  1862, 
I  rovides,  among  other  things,  that  the  grants  of  moneys,  authorized  by  this 
a  ct,  are  made  subject  to  the  legislative  assent  of  the  several  states  and  terri- 
1  >ries  to  the  purpose  of  said  grants:     Provided,  That  the  payments  of  such 
i  ist a! incuts  of  the  appropriation  herein  made,  as  shall  become  due  to  any 
s  tate  before  the  adjournment  of  the  regular  session  of  the  legislature  meeting 
rext  after  the  passage  of  this  act,  shall  be  made  upon  the  assent  of  the  Gov- 
<  rnor  thereof,  duly  certified  to  the  secretary  of  the  treasury ;  therefore : 

Be  it  resolved  by  the  State  of  Indiana,  That  the  legislative  assent  be, 
und  the  same  is  hereby,  given  to  the  purpose  of  said  grant,  and  Purdue  Uni- 
crsii y  is  hereby  designated  as  the  agricultural  college  entitled  to  the  said 
rrant. 


[Acts  1905,  p.  142.    Approved  March  3,  1905.] 


(791.  \urirnltural  Experiment  Station  Work — Appropriation.  1. 
That  in  order  to  aid  in  acquiring  and  disseminating  among  the  people  of  the 
state  useful  and  practical  information  on  subjects  relating  to  agriculture, 
and  to  promote  investigation  concerning  the  principles  of  agricultural  science 
the  following  sums  of  money  are  hereby  annually  appropriated  to  Purdue 
University  for  the  exclusive  use  of  the  agricultural  experiment  station  of 
said  university:  For  the  fiscal  year  ending  September  30,  1909,  $75,000.00, 
and  $75,000.00  annually  thereafter,  said  sums  to  be  payable  quarterly  to  the 
treasurer  <»f  Purdue  University,  out  of  any  money*  in  the  treasury  of  the  State 
of  Indiana  In-longing  to  the  general  fund  and  not  otherwise  appropriated, 
the  same  to  be  expended  for  the  purpose  of  providing  the  necessary  equip- 
ment, and  paying  the  expenses  of  conducting  experiments  and  investigations 
and  otherwise  acquiring  information  and  disseminating  said  information  by 


302  SCHOOL   LAWS    OF   INDIANA 

means  of  publication,  lectures  and  otherwise  as  hereinafter  provided.    (§6864 , 
as  amended,  1909,  p.  403.) 

795.  Uses   of   Appropriation.     2.     Of   the   $75,000.00   annually   ap- 
propriated in  section  one  of  this  act,  $10,000.00  annually  is  to  be  used  for  the 
advancement  of  the  work  of  the  agricultural  experiment  station  of  Purdue 
University  in  general;  $10,000.00  annually  for  the  advancement  of  the  horti- 
cultural interests  of  the  state;  $15,000.00  annually  for  the  improvement 
of  the  soils  and  crops  of  the  state;  $10,000.00  annually  for  the  advancement 
of  the  dairy  interests  of  the  state;  $10,000.00  annually  for  the  advancement 
of  the  live  stock  interests  of  the  state ;  $5,000.00  annually  for  the  investigation 
of  hog  cholera  and  other  animal  diseases;  $5,000.00  annually  for  the  advance- 
ment of  the  poultry  interests  of  the  state,  and  $10,000.00  annually  for  pro- 
viding the  necessary  equipment  and  paying  the  expenses  of  the  extension 
work  of  the  agricultural  experiment  station  of  Purdue  University.     (§6865, 
as  Amended,  1909,  p.  403.) 

796.  Work — Ho\v  Carried  Out.     3.     The  work  outlined  in  this  act 
relating  to  horticulture,  soil  and  crop  improvement,  dairy  interests,  live  stock, 
animal  diseases  and  poultry,  shall  be  carried  out  by  the  said  agricultural  ex- 
periment station  of  Purdue  University  along  lines  to  be  agreed  upon  by  the 
director  of  the  said  experiment  station  of  said  university,  and  an  advisory 
committee  of  five  persons,  one  person  to  be  appointed  by  each  of  the  fol- 
lowing named  agriculture  organizations  of  the  State  of  Indiana — the  State 
corn  growers'  association,  the  state  dairymen's  association,  the  state  live 
stock  association,  the  state  horticultural  society,  and  the  state  poultry  fanciers' 
association.     (§6866,  as  amended,  1909,  p.  403.) 

[Joint  Resolution  Approved  March  8,  1915.] 

797.  Preamble.     Whereas,  By  an  act  of  congress  entitled  "An  act  to  pro- 
vide for  co-operative  agricultural  extension  work  between  the  agricultural  col- 
leges in  the  several  states  receiving  benefits  of  an  act  of  congress  approved  July 
2, 1862,  and  of  acts  supplemental  thereto,  and  the  United  States  department  of 
agriculture,"  approved  May  8,  1914,  certain  moneys  were  provided  for  the 
purpose  of  "diffusing  among  the  people  of  the  various  states  useful  and  prac- 
tical information  on  the  subjects  relating  to  agriculture  and  home  economics, 
and  to  encourage  the  application  of  the  same"  through  the  agency  of  the 
agricultural  colleges  in  co-operation  with  the  United  States  department  of 
agriculture,  on  conditions,  which  conditions  are  as  follows: 

"The  appropriation  shall  be  paid  annually  in  the  manner  hereinafter  pro- 
vided, to  each  state  which  shall  by  action  of  its  legislature  assent  to  the  pro- 
visions of  this  act;  Provided,  That  payment  of  such  instalments  of  the  appro- 
priation hereinbefore  made  as  shall  become  due  to  any  state  before  the  ad- 
journment of  the  regular  session  of  the  legislature  meeting  next  after  the  pas- 
sage of  this  act,  may  in  the  absence  of  prior  legislative  assent  be  made'  upon 
the  assent  of  the  Governor  thereof  duly  certified  to  the  secretary  of  the  treas- 
ury," and 

Provided,  farther,  "That  the  sums  provided  for  extension  work  shall  be 
paid  in  semi-annual  payments  on  the  first  day  of  January  and  July  of  each 


SCHOOL   LAWS    OF    INDIANA  303 

ye:  r  by  the  secretary  of  the  treasury  upon  tne  warrant  of  the  secretary  of 
agi  culture,  out  of  the  appropriation  of  the  United  States,  to  the  treasurer 
or  >ther  officer  of  the  state  duly  authorized  by  the  laws  of  the  state  to  raise 
th«  same,"  and 

Whereas,  the  Governor  of  the  State  of  Indiana  did,  on  June  25,  1914,  pro- 
vi  xmally  accept  such  grant  for  and  on  behalf  of  Purdue  University  for  the 
at  i<Miltural  extension  department  established  in  connection  therewith  by 
ai  act  of  legislature  approved  February  27,  1911,  and  did  designate  the 
tr  asurer  of  Purdue  University  as  the  officer  duly  authorized  to  receive  the 
sa  ne,  therefore: 

798.  Purdue  University — Government  Grant.      1.     That  such  grant 
is  hereby  accepted  for  and  on  behalf  of  Purdue  University,  and  the  treasurer 

0  Purdue  University  is  designated  as  the  officer  to  receive  the  same,  and  the 
1<  native  assent  of  Indiana  is  hereby  given  to  the  purpose  of  said  grant. 

[Acts  1917,  p.  53.     Approved  February  23,   1917.] 

799.  Donations   to  State  Educational,  Charitable  or  Benevolent 

1  istitutions.     1.     That  any  state  educational  institution  and  any  state 
c  laritable  or  benevolent  institution  or  the  State  of  Indiana  itself  may  re- 
c  3ive  gifts,  bequests  and  devises  of  real  or  personal  property,  or  both,  for  the 
a  id  or  maintenance  of  any  such  institution,  or  may  receive  gifts  for  state 
I  arks  or  other  state  purposes,  and  may  agree  to  return  to  the  donor  or  to  any 
I  erson  named  by  him  therein,  in  being,  an  annuity  under  the  provisions  and 
safeguards  hereinafter  provided. 

800.  Annuity  Provisions.     2.     When  the  gift  is  for  the  purpose  of 
]  >roviding  an  annuity,  the  same  may  be  accepted  by  any  such  institution  or 

>y  the  state  itself  upon  condition  that  the  institution  or  the  state,  as  the  case 
nay  be,  shall  pay  to  the  donor,  for  the  life  of  the  donor,  or  for  a  term  of  years 
lot  beyond  the  lifetime  of  the  donor,  as  may  be  agreed,  or  shall  pay  to  any 
person  or  persons  named  by  the  donor,  in  being  at  the  time  of  the  gift,  for  his 
3r  her  life,  or  for  a  term  of  years  not  beyond  the  lifetime  or  the  donor  as  may 
be  agreed,  an  annuity  on  the  value  of  the  property  at  the  time  the  gift  is 
made,  as  hereinafter  provided,  but  such  annuity  shall  in  no  case  exceed  the 
actual  income  from  the  property  donated. 

801 .  Appraisers — Approval  of  Governor.     3.     The  value  of  the  prop- 
erty comprised  in  the  gift  shall  be  determined  by  three  (3)  disinterested  ap- 
praisers appointed  by  the  Governor  of  the  state,  and  no  gift  shall  be  accepted 
by  any  institution  named  in  section  one  (1)  or  by  the  state  itself  unless  it  be 
approved  by   the  Governor. 

802.  Payment  of  Annuities  may  be  Secured.     4.     For  the  purpose 
Oi'  securing  the  payment  of  annuities,  the  property  comprised  in  the  gift  may 
be  pledged,  by  way  of  mortgage  or  otherwise,  to  the  annuitant  or  annuitants 
for  the  full  period  of  the  life  of  the  annuity  or  annuities,  but  the  property 
pledged  shall  be  the  sole  guarantee  and  the  state  shall  not  be  obligated  in 
any  manner  by  such  mortgage  or  other  obligation. 

803.  Annuities  not  Taxable.     5.     All  annuities  provided  for  herein 
shall  be  free  of  all  taxation  for  any  or  all  purposes  within  the  State  of  Indiana. 


I 


304  SCHOOL    LAWS    OF    INDIANA 

804.  Institutions  Restricted.     6.     No  institution  shall  be  the  recip- 
ient of  a  gift  whether  on  the  payment  of  an  annuity  or  otherwise,  that  shall 
pledge  such  institution  to  engage  in  any  course  of  instruction,  or  perform  any 
acts  of  work,  other  than  such  institution  may  have  been  authorized  thereto- 
fore by  law  to  engage  in  or  perform. 

805.  Money  Held  in  Trust  by  State.     7.     All  gifts  of  money,  and  all 
money  realized  from  real  and  personal  property,  made  under  the  provisions 
of  this  act,  to  endow  permanently  any  of  said  institutions  mentioned  in  the 
first  section  hereof,  or  to  endow  permanently  any  chair  of  learning  or  depart- 
ment in  any  such  institution,  shall  be  taken  in  charge  by  the  State  of  Indiana, 
as  a  trust,  and  managed  in  all  respects  the  same  as  the  common  school  fund 
of  the  state  is  managed,  and  the  proceeds  arising  therefrom  shall  be  paid  to 
the  institution  thus  endowed  for  the  purposes  provided  by  the  terms  of  such 
gift. 

806.  Gifts  Legalized.     8.     All  gifts  heretofore  received  by  any  of  the 
institutions  named  in  section  one  (1)  of  this  act  are  hereby  legalized  in  accord- 
ance with  the  terms  of  this  act. 


SCHOOL    LAWS    OF    INDIANA 


305 


CH.M'TKU  XXX. 
TOWNSHIP  ADVISORY  BOARD. 


8(    .     Township  advisory  board — Term — 

Vacancies —  Duties . 
8<  i.      Tn\pa\  ers  ma>  attend. 
8<  J.      Annual  "ie"'iii'4      Expenditures  and 

•      tax  lew. 
Township     trustees — Estimate     of 
expenditures — Townships  classi- 
fied. 
1.     Compensation  of  board  if  de-sired. 


812.  Township — Emergency  expend  i- 
tures— Called  meet  in-  advisory 
board. 

s  1  :i .      Financial  record. 

814.  Annual  settlement  with  the  board. 

815.  New  schoolhouse — School  supplier 

816.  Trustees'  pay. 
s  1 7.      Contracts  void. 

818.  Appointment  of  first  members  of 
board. 


[Law  without  signature  of  Governor.    Acts  1917,  p.  426.] 

807.      Township    Advisory     Board — Term — Vacancies — Duties.      1. 

'  t  the  time  of  electing  township  trustees  the  voters  of  the  several  townships 
s  mil  elect  an  advisory  board,  consisting  of  three  (3)  resident  freeholders  and 
<  ualified  voters  of  the  township.  The  members  of  such  board  shall  subscribe 
a  ad  file  with  the  trustee  an  oath  to  faithfully  and  honestly  discharge  their  duties 
u  s  prescribed  by  law.  Their  terms  of  office  shall  be  for  two  (2)  years  from  the 
«  uy  following  their  first  election  and  until  their  successors  are  elected  and 
c  ualified,  and  the  term  of  office  shall  thereafter  be  for  the  term  of  four  (4) 
\ears  from  the  day  following  their  election  and  until  their  successors  are 
i  lected  and  qualified.  If  a  vacancy  occurs  in  said  board  it  shall  be  filled  by 
the  remaining  members  of  the  board  for  the  unexpired  term,  provided  that 
vhere  t\vo  (2)  or  more  vacancies  exist  at  any  one  time,  the  board  of  commis- 
sioners of  the  couuty  shall  upon  the  petition  of  any  taxpayer  of  such  township 
lill  such  existing  vaeanei*^  for  the  unexpired  term  or  terms  by  appointment 
hereto  of  one  or  more  resident  freeholders  and  qualified  voters  of  the  town- 
ship. They  shall  meet  annually  on  the  first  Tuesday  of  September,  at  a  con- 
en  ient  place  in  the  township,  notice  of  which  shall  be  given  as  hereinafter 
)io\  ided  iu  section  three  (3).  At  such  annual  meeting  the  members  of  such 
;  shall  eh>ct  one  of  their  members  chairman  for  that  year.  Two  (2) 
neml>er>  shah  constitute  a  quorum.  At  such,  meeting  the  board  shall  con- 
-i<!er  the  various  estimates  of  township  expenditures  proposed  by  the  town- 
>hip  trustee,  and  shall  have  power  to  concur  in  such  estimates,  or  in  any  part 
thereof,  or  to  reject  any  proposed  item,  in  whole  or  in  part.  Any  existing 
indebted ni-s-  need  not  he  paid  until  due.  And  the  advisory  board  at  the 
first  annual  meeting,  may  apportion  the  payment  of  any  existing  indebted- 
ness other  than  to  the  county  or  for  current  expenses  for  a  named  term  not 
exceeding  five  (5)  years.  When  they  shall  have  determined  upon  the  esti- 
mates and  amounts  for  which  tavs  should  be  levied  upon  the  property  and 
polls  within  said  township  for  the  ensuing  year,  they  shall  then  determine 
and  fix  the  rates  of  taxation  upon  such  property  and  polls  a<  io  the  estimated 
purposes  severally.  The  rates  so  determined  by  such  board,  they  shall  then 
certify  to  the  county  auditor,  who  shall  place  the  same  upon  the  tax  dupli- 


II 


8554—20 


306  SCHOOL   LAWS    OF    INDIANA 

cate,  and  the  same  shall  be  collected  and  enforced  as  prescribed  by  law. 
The  rates  so  prescribed  shall  be  deemed  a  levy  and  lien  upon  the  property 
of  such  township  from  and  after  the  first  day  in  April  of  such  year,  and  such 
levy  shall  be  deemed  an  appropriation  for  the  specific  purposes  for  which 
such  estimates  are  fixed.  Such  board  shall  keep  a  record  of  their  proceed- 
ings in  a  separate  book,  to  be  furnished  by  such  trustee,  and  kept  as  a  part 
of  the  record  of  the  township,  to  be  known  as  the  record  of  the  advisory 
board  of  such  township,  and  to  remain  in  the  custody  of  the  chairman  of 
such  board.  Said  board  shall  elect  one  of  its  members  secretary  for  said  board, 
who  shall  record  the  proceedings  thereof  at  any  meeting  in  full,  under  the 
direction  of  the  board,  which  shall  be  signed  before  the  board  adjourns. 
Any  meeting  may  adjourn  from  day  to  day  till  the  business  is  completed. 

808.  Taxpayers  May  Attend.  2.  At  any  session  of  such  board,  any 
taxpayer  of  the  township  may  appear  and  be  heard  as  to  the  advisability 
of  any  estimate  or  estimates  of  expenditures,  or  any  proposed  levy  of  taxes, 
or  the  approval  of  the  township  trustee's  report  or  any  other  matter  being 
considered  by  the  board.  (§9591.) 

899.      Annual     Meeting — Expenditures     and     Tax     Levy.     3.     The 

trustee  shall  at  least  thirty  (30)  days,  and  not  more  than  forty  (40)  days, 
before  the  annual  meeting  of  the  advisory  board,  in  each  year,  post  at  or 
near  the  door  of  all  postoffices  in  the  township,  a  statement  of  the  several 
estimates  and  amounts  of  the  proposed  annual  expenditures,  and  the  rates 
of  taxation  proposed  for  levy  against  the  property  within  such  township, 
for  the  several  funds  to  be  expended  for  his  township  during  the  calendar  year, 
and  also  copies  of  such  notice  shall  be  published  one  time  in  the  issue  printed 
in  the  first  week  of  August  of  each  year  in  the  two  leading  newspapers  published 
in  the  county,  representing  the  two  political  parties  casting  the  highest  num- 
ber of  votes  in  such  county  at  the  last  preceding  general  election,  and  one 
publication  in  a  newspaper  in  the  township  interested,  if  there  be  a  paper 
published  therein.  The  cost  of  such  publication  shall  not  exceed  two  dollars 
in  any  one  year  to  any  one  paper,  and  the  cost  of  necessary  copies  for  posting 
and  delivery  to  the  board  shall  not  exceed  one  dollar  and  fifty  cents  in  any 
one  year.  And  he  shall  furnish  within  like  periods  to  each  of  the  members 
of  the  advisory  board  a  statement  of  such  estimates  and  amounts.  Such 
statement  shall  contain  a  notice  of  the  place  of  meeting  of  the  advisory  board, 
and  shall  be  substantially  in  the  following  form: 

EXPENDITURES  AND  TAX  LEVIES  FOR  THE  YEAR. 

The  trustee  of  -  -  township,  —  —  county,  proposes  for  the  yearly 
expenditures  and  tax  levies  by  the  advisory  board  at  its  annual  meeting,  to 

be  held  at  the  schoolhouse  of  school  district  No. ,  the  following  estimates 

and  amounts  for  said  year: 

1.  Township  expenditures,  $ —     — ,  and  township  tax,  —       —  cents  on  the 

hundred  dollars. 

2.  Local  tuition  expenditures,  $ —     — ,  and  tax,  —       —  cents  on  the  hundred 

dollars. 


SCHOOL    LAWS    OF    INDIANA  307 


3.  Special  school  tax  expenditures,  $ —     — ,  and  tax,  -        —  cents  on  the 

hundred   dollars. 

4.  Road  tax  expenditures,  $ —     — ,  and  tax,  -        -  cents  on  the  hundred 

dollars. 

5.  Additional  road  tax  expenditures,  $ —     — ,  and  tax.  —  cents  on  the 

hundred  dollar-. 

6.  Library  expenditures,  $ —     — ,  and  tax,  -         -  cents  on  the  hundred 

dollars. 

7  Poor  expenditures  for  preceding  year,  $ —     — ,  and  tax,  —       —  cents  on 

the  hundred  doll,: 

8  Other  items,  if  any,  expenditures,  $ —     — ,  and  tax,  —       —  cents  on  the 

hundred  dollars.. 

Total  expenditures,  $ —     — ,  and  total  tax,  —       —  cents  on  the  hundred 
dollars. 

(Dated)—  (Signed)—         — ,  Trustee. 

The  trustee  shall  procure  and  lay  before  the  advisory  board  at  the  annual 
i  leeting  thereof,  the  assessed  valuation  of  the  taxable  property  of  the  town- 
s  lip  for  such  year,  and  also  the  number  of  taxable  poles  in  such  township. 
( §9592.) 

[Acts  1915,  p.  131.] 

810.     Township  Trustees — Estimate  of  Expenditures — Townships 

<  :iussififd.  4.  The  trustee  shall  attend  all  of  the  meetings  of  the  advisory 
1  >oard,  and  at  the  annual  meeting  thereof,  after  the  board  shall  have  organized, 
if  shall  present  a  detailed  and  itemized  statement  in  writing  of  his  estimated 
expenditures  for  which  appropriations  are  asked,  specifying  the  number  of 
eachers  necessarily  employed,  their  salaries  respectively,  the  number  of 
lays  deemed  necessary  for  the  discharge  of  the  duties  of  his  office,  and  the 
lays  of  the  week  or  month  when  they  can  be  most  advantageously  performed, 
;he  extent  of  needed  bridge  and  highway  repairs,  an  accurate,  itemized  list 
)f  all  the  property  and  supplies  on  hand,  whether  in  use  or  in  store,  for  road, 
school  and  other  purposes  and  estimated  value  thereof,  the  items  of  school 
supplies  necessary  for  each  school,  the  condition  of  pauperism  in  the  town- 
ship, including  the  names  of  such  persons  as  have  received  public  aid,  since 
th«  taking  effect  of  this  act,  and  since  the  last  annual  meeting  of  the  board, 
with  the  respective  amount  received  by  each  person.  And  also  the  items, 
severally,  to  be  charged  against  the  township  funds,  including  salaries,  clerk 
hire  when  same  is  necessary,  stationery,  printing  and  records,  and  supplies 
to  be  furnished  to  the  justices  of  the  towoiship,  the  trustee's  compensation, 
and  his  actual  expense  to  be  incurred  in  the  transacting  of  township  business, 
and  his  office  rent,  where  an  office  is  authorized  by  such  advisory  board,  and 
any  other  items  of  expense  payable  from  said, fund;  and  he  shall  submit  to 
such  inquiries  concerning  the  expenditures  of  his  office  as  the  board,  or  the 
taxpayers  present,  may  deem  proper  to  make.  The  advisory  board  shall 
have  full  power  to  require  any  estimate,  not  sufficiently  itemized,  to  be  so 
itemized  by  the  trustee,  and  to  appropriate  for  any  purpose  a  sum  not  greater 
than  that  estimated  in  the  item  therefor,  except  by  the  unanimous  vote  of 
the  board,  and  not  otherwise,  an  appropriation  may  be  made  for  an  item 


308  SCHOOL    LAWS    OF    INDIANA 

not  contained  in  any  estimate,  or  for  a  greater  amount  than  that  named  in 
any  item  of  an  estimate:     Provided^/ urther,  That  all  items  of  expense  herein 
enumerated  shall  be  paid  from  the  proper  funds  of  the  township:     And  pro- 
vided, That  in  townships  containing  a  population  of  less  than  5,000  inhabitants 
tants,  no  clerk  hire  shall  be  allowed  or  paid;  that  in  such  townships  the 
advisory  board  may  authorize  the  trustee  to  pay  as  office  rent  a  sum  not  to 
exceed  $60.00  per  annum,  and  such  trustee  may,  if  authorized  by  the  board, 
keep  his  office  in  his  residence  or  his  own  property,  and  pay  to  himself  the 
rent  therefor;  that  in  such  townships,  the  advisory  board  may  authorize  the 
trustee  to  pay  his  actual  expenses  in  transacting  his  official  business,  including 
stationery,  printing  and  records,  and  may  authorize  the  trustee  to  use  his 
own  property,  as  means  of  conveyance  in  transacting  such  business,  but  the 
total  expenses  to  be  so  allowed  and  paid,  other  than  office  rent,  shall  not 
exceed  $100.00  per  year  in  such  townships;  that  in  townships  containing  a 
population  of  5,000  and  less  than  10,000  inhabitants,  the  advisory  board  rnay 
authorize  the  trustee  to  pay,  if  the  board  deems  necessary  and  proper,  for 
clerk  hire  a  sum  not  to  exceed  $100.00  per  year;  for  office  rent  a  sum  not  to 
exceed  $90.00  per  year;  for  actual  expenses  in  transacting  the  business  of  the 
office,  including  stationery,  printing  and  records,  and  may  authorize  the  trus- 
tee to  use  his  own  property  as  means  of  conveyance  in  transacting  such  busi- 
ness, but  the  total  expenses  to  be  so  allowed  and  paid,  other  than  office  rent 
shall  not  exceed  $200.00  per  year;  and  Provided,  That  in  townships  containing 
10,000  and  less  than  15,000  inhabitants,  the  advisory  board  may  authorize  the 
trustee  to  pay,  if  the  board  deems  necessary  and  proper,  for  clerk  hire  a  sum 
not  to  exceed  $250.00  per  year;  for  office  rent  a  sum  not  to  exceed  $120.00 
per  year;  for  actual  expenses  in  transacting  the  business  of  the  office,  includ- 
ing stationery,  printing  and  records,  a  sum  not  to  exceed  $250.00  per  year: 
And  provided,  That  in  townships  containing  15,000  and  less  than  20,000 
inhabitants,  the  advisory  board  may  authorize  the  trustee  to  pay,  if  the  board 
deems  necessary  and  proper,  for  clerk  hire  a  sum  not  to  exceed  $450.00  per 
year;  for  office  rent  a  sum  not  to  exceed  $120.00  ^>er  year;  for  actual  expenses 
in  transacting  the  business  of  the  office,  including  stationery,  printing  and 
records,  a  sum  not  to  exceed  $300.00  per  year,  and  Provided,  That  in  town- 
ships containing  20,000  and  less  than  30,000  inhabitants,  the  advisory  board 
may  authorize  the  trustee  to  pay,  if  the  board  deems  necessary  and  proper, 
for  clerk  hire  a  sum  not  to  exceed  $600.00  per  year ;  for  office  rent  a  sum  not 
to  exceed  $180.00  per  year;  for  actual  expenses  in  transacting  the  business 
of  the  office,  including  stationery,  printing  and  records,  a  sum  not  to  exceed 
$350  per  year  and  Provided,  That  in  townships  containing  30,000  and  less 
than  40,000  inhabitants,  the  advisory  board  may  authorize  the  trustee  to 
pay,  if  the  board  deems  necessary  and  proper,  for  clerk  hire  a  sum  not  to  ex- 
ceed $900.00  per  year;  for  office  rent  a  sum  not  to  exceed  $240.00  per  year; 
for  actual  expenses  in  transacting  the  business  of  the  office,  including  station- 
ery, printing  and  records,  a  sum  not  to  exceed  $500.00  per  year,  and  Pro- 
vided, That  in  townships  containing  40,000  and  less  than  100,000  inhabitants, 
the  advisory  board  may  authorize  the  trustee  to  pay,  if  the  board  deems  neces- 
sary and  proper,  for  clerk  hire  a  sum  not  to  exceed  $1,200,00  per  year;  for 
office  rent  a  sum  not  to  exceed  $300.00  per  year;  for  actual  expenses  in  trans- 
acting the  business  of  the  office,  including  stationery,  printing  and  records, 
a  sum  not  to  exceed  $600.00  per  year;  the  inhabitants  of  all  such  townships 


SCHOOL    LAWS    OF    INDIANA  309 

t     be  determined  by  the  last  preceding  United  Stated  census.     All  Appro- 

I'  iations  for  clerk  hire,  for  office  rent,  and  for  actual  expenses  in  transact  in<_r 
o  businees  of  the  office  of  trustee,  shall  be  made  at  the  annual  September 
eeting  and  at  no  other  time.  In  any  case,  before  the  trustee  shall  draw 
>  \\ arrant  for  any  money  to  be  paid  out  by  reason  of  the  items  of  expense, 
eluding  clerk  hire  and  office  rent,  authorized  by  this  act,  he  shall  require 
•  be  filed  with  him,  as  trustee,  an  itemized  voucher  of  such  expense,  clerk 
re  or  office  rent,  properly  subscribed  and  sworn  to. 
No  trustee  shall  have  credit  for  any  money  paid  by  him,  except  he  shall 

i-  10 w  a  receipt  therefor  for  each  item  thereof  from  the  person  to  whom  such 

i  ayment  was  made. 

2.     This  act  shall  in  no  way  affect  any  pending  litigation. 

811.  Compensation  of  Board,  if  Desired.     5.     In  making  the  levies 
or  the  township  fund,  if  said  board  shall  desire  compensation  for  their  ser- 
ices  to  the  township,  they  may  add  a  sum  not  exceeding  five  dollars  ($,5.00) 
JT  the  service  of  each  member  during  the  year  for  which  the  levy  is  made. 
>ayable  out  of  such  fund.     (§9594.) 

[Acts  1913,  p.  276.    Approved  March  6,  1913.] 

812.  Township — Emergency    Expenditures — Called    Meeting   Ad- 
visory Board.     6.     Upon  a  special  call  of  the  township  trustee,  or  the 
;hairman  of  the  advisory  board  or  a  majority  of  the  members  of  said  board, 
.^ven  in  writing  to  each  member  thereof,  stating  the  time,  place  and  purpose 
)f  the  meeting,  said  board  may,  if  a  quorum  be  present,  by  consent  of  a  ma- 
jority of  all  the  members  present,  determine  whether  an  emergency  exists 
for  the  expenditure  of  any  sums  not  included  in  the  existing  estimates  and 
levy.     In  the  event  that  such  an  emergency  is  found  to  exist  said  board  may 
authorize  by  special  order  entered  and  signed  upon  the  record,  the  trustee 
to  borrow  a  sum  of  money  to  be  named  sufficient  to  meet  such  emergency; 
,-i:i«l  at  the  next  annual  session  of  the  board  a  levy  shall  be  made  to  the  credit 
of  the  fund  for  which  such  expenditure  is  made  to  cover  and  pay  the  debt 
so  created:     Provided,  however,  That  if  at  any  annual  or  special  meeting  of 
said  board  it  shall  be  found  indispensably  necessary  to  provide  for  the  con- . 
struction  of  a  school  building,  the  cost  of  which  building  or  the  proportion- 
ate cost  thereof  if  the  same  be  a  joint  graded  high  school-building  will  be  in 
excess  of  the  sum  available  therefor  out  of  any  annual  levy,  then  in  that 
event,  such  board  may  authorize  such  trustee  to  issue  township  warrants  or 
bonds  to  pay  for  such  building,  or  the  proportionate  cost  thereof,  such  war- 
rants or  bonds  to  run  for  a  period  of  not  exceeding  fifteen  (15)  years;  and 
to  1..  ar  not  exceeding  six  per  cent  per  annum,  and  to  be  sold  for  not  less 
ih;m  par;  the  township  trustee,  before  issuing  such  warrants  or  bonds,  shall 
u<l\< -i -lisr  that  bonds  are  to  be  sold  in  not  less  than  one  issue  a  week  for  thr« •<• 

8,  in  one  paper  of  general  circulation  in  the  county  and  one  paper  of 
general  circulation  in  the  state  capital,  setting  forth  the  amount  of  bonds 
offered,  the  denomination,  the  period  to  run,  rate  of  interest  and  the  date, 
place  and  hour  of  selling.  The  township  advisory  board  shall  attend  the  sale 
of  bonds  and  shall  concur  therein  before  such  bonds  are  sold.  The  board 
shall  annually  levy  sufficient  taxes  to  pay  at  least  one-fifteenth  of  such  war- 
rants or  bonds,  with  interest,  each  year,  and  the  trustee  shall  apply  such  an- 


310  SCHOOL   LAWS    OF   INDIANA 

nual  tax  to  the  payment  of  such  warrants  or  bonds  each  year.  In  no  event 
shall  a  debt  of  the  township  be  created  except  by  the  advisory  board  of  such 
township,  and  in  the  manner  herein  specified,  and  any  payment  of  any  debt 
not  so  authorized  from  the  public  funds  of  such  township  shall  be  recoverable 
upon  the  bond  of  the  trustee  in  a  suit,  which  it  is  hereby  made  the  duty 
of  said  board  to  institute  and  prosecute  in  the  name  of  the  state,  for  the  use 
of  said  township.  And  said  board  is  hereby  empowered  to  appropriate,  and 
the  township  trustee  shall  pay  out  of  the  township  funds  a.  reason  able  sum 
for  attorney's  fees  for  such  purpose.  And  if  the  board,  on  the  written  demand 
of  any  taxpayer,  fails  for  thirty  (30)  days  to  bring  suit,  then  such  or  any  other 
taxpayer  may  bring  the  same,  in  the  name  of  the  state,  for  the  use  of  the 
township:  Provided,  however,  Nothing  contained  herein  shall  affect  any 
pending  litigation.  (R.  S.  1914,  §9595.) 

813.  Financial    Record.     7.     Each    township    trustee    in    this    state 
shall  procure  and  keep  a  book,  to  be  known  as  the  financial  record  of  the  town- 
ship, in  which  the  trustee  shall  keep  an  itemized  and  accurate  account  of  the 
financial  affairs  thereof,  charging  himself  with  each  sum  of  money  when  and  as 
received,  from  every  source,  giving  the  date,  from  whom  received,  and  on 
account  of  what  fund  it  is  credited.     He  shall  likewise  credit  himself  with  all 
moneys  when  and  as  paid  out,  showing  when,  on  what  account,  arid  to  whom 
and  out  of  what  fund  paid.     It  shall  be  the  duty  of  the  auditor  of  the  State 
of  Indiana  to  frame  and  adopt  a  form  of  such  book,  to  be  used  by  all  the  town- 
ship trustees  throughout  the  state.     Such  book  shall  be  a  public  record: 
Provided,  however,  That  the  auditor  shall  not  adopt  any  patented  or  copy- 
righted form  and  nothing  herein  shall  authorize  him  to  contract  with  any  per- 
son, partnership,  or  corporation,  for  the  publishing  of  such  forms.     The  act 
entitled  "An  act  prescribing  certain  duties  of  township  trustees,  providing 
for  the  appointment  and  compensation  of  an  auditing  board,  prescribing 
its  duties  and  declaring  an  emergency,"  approved  March  8,  1897,  is  hereby 
repealed.     (§6596.) 

814.  Annual   Settlement   with   the   Board.     8.     The   trustee   shall 
present  to  the  advisory  board,  at  a  meeting  of  said  board  to  be  held  annually 
on  the  first  Tuesday  after  the  first  Monday  of  January  of  each  year,  his 
annual  and  complete  report  of  all  the  receipts  and  expenditures  of  his  office 
for  the  preceding  calendar  year,  with  the  balances  to  the  credit  of  each  fund 
under  his  charge;  and  if  he  has  any  money  from  any  source  in  his  hands  or 
under  his  control  which  is  not  included  in  any  particular  fund,  as  shown  by 
said  report,  then  he  must  state  all  the  facts  concerning  such  moneys  in  his 
report.     Each  item  of  expenditure  shall  be  accompanied  by  the  verified  re- 
ceipt of  the  person  to  whom  the  sum  evidenced  thereby  has  been  paid,  stating 
particularly  for  what  article  or  service  the  payment  has  been  made ;  that  the 
sum  receipted  for  is  the  exact  sum  received,  and  that  no  part  thereof  has  been 
retained  by,  or  returned  to  or  has  been  agreed,  directly  or  indirectly,  to  be 
returned  to,  the  trustee  or  to  any  other  person,  and  the  trustee  is  empowered 
to  administer  oaths  to  the  persons  giving  such  receipts.     The  report  so  pre- 
sented shall  be  verified  by  the  oath  of  the  trustee,  showing  that  the  sums 
with  which  he  is  charged  in  such  report  are  all  the  sums  received  by  him, 
and  that  the  various  items  of  expenditure  credited  have  been  fully  paid  in 


SCHOOL    LAWS    OF   INDIANA  311 

ae  sums  stated,  and  without  express  or  implied  agreement  that  any  portion 
hereof  shall  be  retained  by  or  repaid  by  him  or  to  any  other  person.     And 
he  trustee  shall  subscribe  and  take  an  oath  that  he  has  received  no  money 
or  article  of  value  in  consideration  of  any  contract  made  by  him  as  such 
rustee.     The  board  shall  consider  and  approve  in  whole  or  in  part,  the  re- 
>ort  of  the  trustee  so  made,  and  any  sum  appropriated  and  remaining  in 
he  hands  of  the  trustee,  unexpended  and  for  which  no  liability  exists  against 
he  township,  shall  be  deemed  and  credited  in  favor  of  the  fund  for  which  it 
v&s  appropriated,  and  shall  be  considered  in  the  ensuing  levy.     The  ex- 
Denditure  of  any  fund,  in  whole  or  in  part,  to  any  account  for  which  it  was 
lot  appropriated  by  said  board,  shall  be  deemed  by  the  board  of  [as]  a  bal- 
ince  of  such  fund  unexpended  and  in  the  hands  of  the  trustee,  for  which  he 
shall  be  liable  upon  his  bond.     Any  member  of  the  board  may  administer 
oaths,  and  said  board  may  send  for  persons,  books  and  papers,  if  necessary, 
in  such  examination  of  said  report,  and  when  the  examination  is  closed  they 
shall  enter  of  record  their  action   thereon,  specifically  stating  such   parts 
and  items  as  may  be  altered  or  disallowed.     Such  annual  report  shall  remain 
under  the  control  of  such  board,  the  custody  thereof  to  be  held  by  the  chair- 
man, and  at  any  time  shall  be  subject  to  inspection  by  any  taxpayers  of  the 
township.     On  the  said  annual  settlement  being  made,  the  trustee  shall 
within  ten   (10)  days  thereafter,  file  a  cpoy  of  such  report  as  adopted  by  the 
board,  with  the  accompanying  vouchers  in  the  office  of  the  county  auditor, 
to  be  preserved;  and  upon  failure  the  trustee  shall  forfeit  five  (5)  dollars  per 
day  each  day  until  so  filed,  to  be  collected  by  suit  of  the  board  for  the  benefit 
of  the  township.     In  case  the  term  of  the  trustee  shall  expire,  or  he  shall  re- 
sign or  die,  then  he,  or  his  administrator,  shall  at  once  make  final  settlement 
with  the  board.     Said  auditor  shall  examine  such  copy  of  said  report,  and 
within  ten  (10)  days  after  the  filing  of  same  n  his  office,  shall  report  to  the 
advisory  board  of  such  township  the  result  of  such  examination,  including 
his  finding  as  to  the  accuracy  of  such  report.     Said  trustee  shall  cause  to  be 
published,  by  one  insertion  in  two  leading  newspapers  of  his  county,  each 
representing  one  of  the  two  political  parties  casting  the  highest  number  of 

I  votes  at  the  last  preceding  general  election,  an  abstract  of  his  said  report, 
which  abstract  shall  contain  the  total  of  receipts  and  expenditures  and  bal- 
ances or  deficits  in  each  fund,  also  the  rate  of  tax  levy  made  for  each  of  said 
funds  for  the  ensuing  year.  (§9597,  as  amended  1901,  p.  415.) 

815.  New  Schoolhouse—  School  Supplies.  9.  If  a  trustee  finds 
it  necessary  to  erect  a  new  schoolhouse,  he  shall  procure  suitable  specifica- 
tions therefor,  to  be  used  by  the  bidders  in  bidding  and  in  the  construction 
(of  such  house.  If  he  desires  to  purchase  any  school  furniture,  fixtures,  maps, 
charts,  or  other  school  supplies,  excepting  fuel  and  literary  periodicals  in  such 
amounts  as  may  be  authorized  by  the  advisory  board,  in  any  year,  he  shall 
make  an  estimate  of  the  kinds  and  amounts,  itemized  particularly,  to  be 
used  by  bidders  therefor.  If  it  is  necessary  to  make  repairs  on  or  about  the 
school  houses  other  than  current  or  incidental  repairs,  he  shall  likewise  make 
an  itemized  statement  of  the  nature  and  character  of  the  work,  to  be  made 
for  the  use  of  bidders.  He  shall,  in  like  manner,  make  a  schedule  of  such 
work  as  may  be  necessary  in  the  repair  or  construction  of  bridges  in  his  town- 
ship for  any  one  year.  All  contracts  shall  be  let,  after  notice  given,  by  posting 


312  SCHOOL    LAWS    OF   INDIANA 

for  three  (3)  weeks  in  five  (5)  of  the  most  public  places  in  the  township, 
and  also  at  or  near  the  door  of  each  postoffice  therein,  stating  briefly  the  build- 
ings, repairs  or  supplies  sought  to  be  let,  and  when  and  where  bids  will  be 
received  and  opened  therefor;  and  if  the  contemplated  expenditures  in  any 
one  class  shall  be  five  hundred  dollars  ($500)  or  more,  he  shall  post  notices  as 
aforesaid,  and  also  publish  notice  thereof  for  one  (1)  time  in  the  two  leading 
newspapers  published  in  the  county  representing  the  two  political  parties 
casting  the  highest  number  of  votes  in  such  county  at  the  last  preceding 
general  election:  Provided,  That  one  of  such  publications  shall  be  made 
in  a  newspaper  published  in  the  township  interested,  if  there  be  a  newspaper 
published  therein.  The  advisory  board  shall  attend  the  letting.  At  the  let- 
ting, all  the  work  or  supplies  in  any  one  class  shall  be  included  and  let  in 
a  single  contract.  All  bids  shall  be  in  writing  and  be  opened  and  read  pub- 
licly at  the  time  and  place  fixed  in  the  notice.  The  trustee  may  take  time 
to  examine  and  satisfy  himself  as  to  which  is  the  lowest  and  best  bid  and 
shall  advise  with  the  advisory  board  thereon:  and  said  board  is  hereby  em- 
powered to  reject  any  and  alt  bids.  The  trustee  shall  indorse  on  the  bids 
whether  rejected  or  accepted  and  preserve  the  same.  Wnen  a  bicl  is  ac- 
cepted, a  proper  contract  shall  then  be  reduced  to  writing  for  such  building, 
repairs  or  supplies,  as  the  case  may  be,  and  be  signed  by  the  suceessful  bid- 
der and  the  trustee,  who  shall  require  the  bidder  to  give  bond  with  security, 
to  be  approved  by  him,  for  the  faithful  execution  of  such  contract.  (§9598.) 

816.  Trustees'  Pay.     10.     The  township  trustees  serving  under  this 
act  shall  receive  for  their  services  the  compensation  now  or  hereafter  fixed 
by  law:     Provided,  That  where  a  per  diem  is  allowed  by  law  the  number  of 
days'  service  for  which  the  trustee  is  allowed  shall  be  fixed  and  allowed 
by  the  advisory  board  at  their  annual  meeting,  and  this  shall  constitute  the 
entire  compensation  of  such  trustee  for  all  the  duties  of  his  office.     (§9600.) 

817.  Contracts  Void.     11.     All  contracts  made  in  violation  of  this 
act  shall  be  null  and  void.     (§9601.) 

1.  NOTE.  This  section  modifies  all  the  decisions  rendered  by  the  courts  concern- 
ing contracts  of  township  trustees.  It  also  repeals  the  law  requiring  the  trustee  to 
petition  the  board  of  county  commissioners  for  leave  to  contract  debts  on  behalf  of 
the  township.  Contracts  of  townships  must  now  be  executed  pursuant  to  the  provisions 
of  this  act;  and  if  not,  they  are  void.  Even  though  a  township  receives  articles  pur- 
chased by  its  trustee,  without  pursuing  the  provisions  of  this  statute,  it  will  not  be 
liable  for  the  price  agreed  upon  nor  for  their  value. — Peck- Williamson,  etc.,  Co.  v. 
Steen  School  Tp.,  30  App.  637;  66  N.  E.  909;  and  see  Moss  v.  Sugar  Ridge  Tp.,  67 
N.  E.  460. 

818.  Appointment  of  First  Members  of  Board.      12.     At  the  term 
of  the  circuit  court  to  be  held  in  the  several  counties  of  this  state  next  after 
the  taking  effect  of  this  act,  such  court  shall  appoint  three  (3)  freeholders 
and  qualified  voters  residing  in  each  township,  not  more  than  two  of  whom 
shall  belong  to  the  same  political  party,  who  shall  constitute  the  advisory 
board  of  such  township  until  their  successors  are  elected  and  qualified; 
on  failure  of  such  court  so  to  do,  the  governor  of  the  state  shall  make  said 
appointments.     And  all  laws  and  parts  of  laws  inconsistent  with  the  provi- 
sions of  this  act  are  hereby  repealed.     (§9602.) 


SCHOOL    LAWS    OF    INDIANA 


313 


CHAPTER  XXXI. 
STATE  LIBRARY. 


22. 

23. 
24. 

25. 
26. 
27. 


Management. 

Kh-rtiim  of  librarian—  Term. 
Term  of  office — Bond. 
Lihrarx.  \vhen  to  be  kept  open. 
I'n-servation  of  state  document". 
Legislative  papers,  ]. reservation. 

Exchange*. 

Misappropriation  of  books. 
Loan  of  hooks. 


SRC. 

828.  Rules  and  regulations. 

829.  Salaries — Reference  librarian — Cat- 

aloger —  Stenographer. 

830.  Report  of  receipts  aii'l  expenditures. 

831.  Removal  (jf  librarian  or  assistants. 

832.  Violation  of  this  act,  penalty. 

833.  State  librarian — Public  documents. 

834.  Distribution  of  publications. 


[Acts  1903,  p.  152.    Approved  February  28,  1903.) 


I 


. 


819.  Management.     1.     The  management  and  control  of  the  state 
ibrary  shall  be  vested  in  the  state  board  of  education,  which  shall  constitute 
or  library  purposes  the  state  library  board.    (§9289.) 

820.  Election  of  Librarian — Term.    2.    The  state  library  board  shall, 
oefore  the  first  day  of  April,  1905,  elect  a  state  librarian,  whose  term  of  office 
>hall  begin  April  1,  1905,  and  who  shall  serve  until  his  successor  is  elected 
by  the  said  state  library  board.    (§9290.> 

821.  Term  of  Office—  Bond.    3.    The  term  of  office  of  the  state  librarian 
shall  be  two  years  and  he  shall  appoint  his  assistants  by  and  with  the  advice 
and  approval  of  the  state  library  board,  and  he  shall,  before  entering  upon 
his  duties,  give  bond  and  security  to  the  acceptance  of  the  secretary  of  state, 
in  the  penal  sum  of  two  thousand  dollars,  which  bond  shall  be  filed  with  the 
secretary  of  state.    ( §929 1 .) 

822.  Library,  When  To  Be  Kept  Open.    4.    The  library  shall  be  kept 
open  from  s  a.  in.  until  5  p.  m.  every  day,  except  Sundays,  legal  holidays  and 
such  other  days  as  the  Governor  shall  request  all  state  offices  to  be  closed. 
(§9292.) 

823.  Pr«-s<-r\;i i  ion  of  State  Documents.    5.    The  librarian  shall  select 
from  the  journals  and  laws,  whenever  published,  five  copies  to  be  kept  per- 
manently for  the  library,  and  all  other  journals  and  reports  shall  be  preserved 
for  exchange  purposes  for  the  benefit  of  the  library.    (§9293.) 

821.    Legislative  Papers,  Preservation.    6.    The  librarian  shall  receive 
and  preserve  in  the  most  convenient  and  permanent  order  all  legislative 
papers  delivered  to  him  at  the  close  of  each  session  by  the  secretary  of  the 
nate  and  the  clerk  of  the  house.    (§9294.) 


825.    Exchanges.    7.    The  librarian  may,  with  the  consent  of  the  state 
library  hoard,  i-xi'hange  for  the  benefit  of  the  library  any  duplicate,  or  any 
book  not  wanted  in  Hie  library,  or  he  may  sell  such  duplicated  or  other  books 
ami    hall  turn  all  money  thus  received  into  the  state  treasury,  taking  the  treas- 
-  receipt  and  filing  the  same  in  the  office  of  auditor  of  state,  who  shall 


314  SCHOOL   LAWS    OF   INDIANA 

charge  the  same  to  the  account  of  the  treasurer  of  state  for  the  use  of  the 
library.  The  librarian  shall  keep  an  accurate  account  of  all  such  transactions, 
making  the  same  a  part  of  his  next  succeeding  biennial  report  to  the  legis- 
lature, as  hereinafter  provided  for.  (§9295.) 

,826.  Misappropriation  of  Books.  S.  If  the  librarian  shall  appropriate 
to  his  own  use  any  book  or  books  belonging  to  the  state  library  or  any  proceeds 
of  any  exchange  or  sale  of  books,  or  knowingly  make  false  reports  thereof, 
he  shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  fined  not  less  than 
five  nor  more  than  one  thousand  dollars  and  shall  forfeit  and  be  deprived  of 
his  office.  (§9296.) 

827.  Loan  of  Books.     9.     Such  books  belonging  to  the  state  library, 
other  than  reference  books,  as  could  be  readily  replaced,  in  case  of  loss,  may 
be  loaned  to  any  citizen  of  the  state,  who  shall  place  such  guarantee  with  the 
state  librarian,  for  the  safe  return  of  the  same,  as  the  state  library  board  may 
demand,  and  who  shall  pay  the  cost  of  transportation  of  the  book  or  books  to 
and  from  the  borrower:     Provided,  That  no  book,  that  could  not  be  readily 
be  replaced  in  case  of  loss,  shall  be  removed  from  the  state  library  except  by 
state  officials,  and  by  them  only  in  pursuit  of  their  official  duty.    (§9297.) 

828.  Rules  and  Regulations.     10.    The  library  board  shall  formulate 
rules  and  regulations  for  the  care  and  management  of  the  library :    Provided, 
That  no  rule  or  regulation  formulated  by  said  board  shall  in  any  way  con- 
flict with  any  of  the  provisions  of  this  act.     ( §9298.) 

829.  Salaries — Reference    Librarian — Cataloguer — Stenographer. 

11.  The  salary  of  the  state  librarian  shall  be  eighteen  hundred  dollars  per 
year.  He  shall  appoint  a  reference  librarian,  whose  salary  shall  be  eleven 
hundred  dollars  per  year,  and  a  cataloguer,  whose  salary  shall  be  eleven 
hundred  dollars  per  year,  and  an  assistant  cataloguer  and  stenographer, 
whose  salary  shall  be  nine  hundred  dollars  per  year,  and  a  messenger,  whose 
salary  shall  be  seven  hundred  and  twenty  dollars  per  year.  (§9299.) 

830.  Report  of  Receipts  and  Expenditures.     12.    The  librarian  shall 
report  at  each  session  of  the  legislature  as  to  the  condition  and  needs  of  the 
library  and  the  receipts  and  expenditures  of  money  for  the  two  fiscal  years 

immediately  preceding  the  date  of  such  report.    (§9300.) 

831.  Removal  of  Librarian  or  Assistants.     13.     The  state  library 
board  shall  have  power  to  remove  for  cause  at  any  time  the  state  librarian 
or  any  assistant  or  any  employe  of  the  state  library.    (§9301.) 

832.  Violation  of  This.  Act,  Penalty.      14.     Any  person  guilty  of  a 
violation  of  any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall,  upon  conviction  thereof,  be  fined  in  the  sum  of  twenty- 
five  dollars.    (§9302.) 

[Acts  1915,  p.  206.] 

833.  State  Librarian — Publ'c  Documents.      1.     That  the  board  of 
commissioners  of  public  printing,  binding  and  stationery  shall  cause  to  have 
delivered  to  the  state  librarian  two  hundred  and  fifty  (250)  copies  of  each  and 
every  report,  document,  bulletin  and  other  publication  published  at  the  ex- 


SCHOOL    LAWS    OF   INDIANA 


315 


I  >nse  of  the  state,  except  session  acts  of  the  General  Assembly  and  supreme 
si  id  appellate  court  reports. 

tt.'H.     Distribution  of  Publications.    2.    The  said  state  librarian  shall 

•  istributr  all  publications  received  from  the  said  commissioners  of  public 

rinting,  binding  and  stationery,  except  such  as  are  needed  for  use  in  the 

late  library,  as  follows:    One  copy  of  each  to  each  state  or  territorial  library 

I 1  the  United  States  and  to  such  other  libraries  as  the  librarian  has  or  shall 
;  rrange  with  for  exchange  of  publications;  one  copy  of  each  to  each  university, 

ollege  or  normal  school  library  within  the  State  of  Indiana;  one  copy  of  each 
o  each  public  library  within  the  State  of  Indiana:  Providing,  That  not  less 
han  one  copy  of  each  such  state  publication  shall  be  retained  in  the  state 
ibrary.  (§9305.) 


316 


SCHOOL    LAWS    OF    INDIANA 


CHAPTER  XXXII. 

FREE  LIBRARIES. 


SEC. 

835.  City   and   town   tax  for  library — 

Subscription. 

836.  Subscriptions    filed    with    clerk    of 

circuit  court. 

837.  Public  Libraries,  town  and  town- 

ships— Special  tax — Board. 

838.  Certificates  of  appointment — Oath. 

839.  Organization. 

840.  Subscriptions  collected — Buildings 

—Tax. 

841.  Tax/howused. 

842.  Use "£of   'library — Certificates     of 

membership — Township  may  use. 

843.  Donation  of  library. 

844 .  Removal  of  member  of  board . 

845.  Treasurer's  report.  • 

846.  Repealing  section. 

847.  Library — Extension  of  privileges  to 

townships — Tax. 

848.  Accounting — Report. 

849.  Public  library  commission. 

850.  Office — Duties — Employes. 

851.  Purchase  of  books — Appropriation. 

852.  Library  association. 

853.  Advice. 

854.  Township  library. 

855.  Township     library     board — Town- 

ship  uniting. 

856.  Official  documents. 

857.  Member  of  commission  not  to  be 

publisher. 

858.  Schools — Cities  and  towns — Charge 

of  public  library. 

859.  Libraries  in  certain  cities. 

860.  Tax  to  maintain. 

861.  Libraries  in  cities  of  3,500  to  4,000. 

862.  Acceptance  of  library. 

863 .  Payment  of  tax — Control . 


SEC. 

864.  Privileges  of  library. 

865.  Removal  of  directors. 

866.  Library  fund. 

867.  Tax  levy  for  library. 

868.  Office  of  librarian  abolished. 

869.  Library  discontinued. 

870.  Legalizing  section. 

871.  Real  estate. 

872.  Real  estate  for  libraries. 

873.  Parks  used  for  library. 

874.  Prior  acts  legalized. 

875.  School  and  library  tax  in  cities  of 

30,000. 

876.  County  treasurer  report  to  board 

of  school  commissioners. 

877.  C  ounty  treasurer 's  credits . 

878.  School  and  library  tax  in  cities  of 

15,000  to  30,000. 

879.  Payment  of  bonds. 

880.  Towns — Transfer    of    property    to 

library  board. 

881.  Purchase  legalized. 

882.  County  libraries — Maintenance  and 

control. 

883.  Board       members — Certificate  — 

Oath. 

884.  Organization — Powers  and  duties — 

Funds. 

885.  County  may  aid  city  library — Con- 

ditions. 

886.  Board,  appointment  of — Qualifica- 

tions. 

887.  Tax  levy — How  made. 

888.  Combination   of  city   and   county 

libraries. 

889.  Liability     of     commissioners     and 

board. 


[Acts  1901,  p.  81.    Approved  March  4,  1901.] 

835.  City  and  Town  Tax  for  Library — Subscription.  1.  The  com- 
mon council  of  any  city,  or  the  town  board  of  any  incorporated  town  within 
this  state  desiring  to  establish,  increase  and  maintain  a  public  library  in  such 
city  or  town,  open  to  and  for  the  use  and  benefit  of  all  the  inhabitants  thereof 
may  levy  a  tax  annually  of  not  to  exceed  one  mill  on  each  dollar  of  all  the 
taxable  property  assessed  for  taxation  in  such  city  or  town,  as  shown  by  the 
tax  duplicate  for  the  year  immediately  preceding  the  fixing  of  such  levy, 
which  tax  shall  be  placed  on  the  tax  duplicate  of  such  city  or  town  and  collect- 
ed, in  the  same  manner  as  other  taxes  are  levied  and  collected  and  such 
levy  shall  be  certified  to  the  clerk  of  the  circuit  court.  If  the  common 


SCHOOL    LAWS    OF    INDIANA  317 

c<  mcil  of  such  city,  as  the   town  board   of   such   incorporated    town    do 
n-  t  make  such  levy  they  shall  do  so  at  the  next  ensuing  levy,  and  annually 
tl    Teai'ter.  after  taxpayers  of  such  city  or  town  raise  by  popular  subscription, 
f(   •  each  of  the  two  years  immediately  Following  the  date  of  the  completion 
o;  such  subscription,  a  sum  of  money  equal  to  the  amount  that  would  be  de- 
ri  -ed  from  a  tax  levy  of  two-tenths  of  a  mill  on  each  dollar  of  the  taxable 
p  operty  assessed  for  taxation  in  such  city  or  town  as  shown  by  the  tax  dupli- 
?;  te  immediately  preceding  the  completion  of  such  subscription:     Provided, 
T  aat  not  more  than  two  per  cent  of  the  entire  amount  necessary  to  be  sub- 
s' ribed  shall  be  subscribed  by  any  one  person,  firm  or  corporation  of  such  city 
in  orporated  town.     The  amount  of  money  so  subscribed,  as  herein  pro- 
ded,  for  public  library  purposes,  shall  be  made  to  fall  due  and  be  payable 
.  eight  equal  quarterly  instalments,  the  first  instalment  shall  become  due 
ad  be  payable  on  the  first  Monday  of  the  second  month  following   he  date 
f  completion  and  filing  of  such  susbcription,  as  hereinafter  provided,  and  one 
istalment  shall  become  due  and  be  payable  on  the  first  Monday  of  each 
tiird  month  thereafter,  till  all  of  such  subscription  is  paid.    The  subscriptions 
;  hall  be  collected  by  the  public  library  board,  hereby  created,  as  hereinafter 
Tovided.    (§4916,  as  amended,  1903,  p.  301.) 

836.      Subscriptions   filed    with   Clerk   of  Circuit   Court.      2.      The 

ubscription  list  for  said  money  shall  be  filed  with  the  clerk  of  the  circuit 
•ourt  of  the  county  in  which  such  city  or  incorporated  town  is  located. 
Said  clerk  of  the  court  immediately  thereafter  shall  notify  the  judge  of  the 
•ircuit  court  of  said  [county  that  such  subscription  has  been  filed,  and 
ie  shall  likewise  notify  the  common  council  or  town  board  and  the 
board  of  school  trustees  of  such  city  or  town  proposing  to  establish 
a  public  library,  that  said  subscription  has  been  filed.  The  original  sub- 
serif)!  ion  list  shall  be  -preserved  by  the  clerk  of  the  circuit  court  and  by  him 
I  placed  in  the  hands  of  the  public  library  board,  when  the  board  shall  have 
been  appointed  as  hereinafter  provided.  ( §4917.) 
[Law  without  signature  of  Governor.  Acts  l«.M7.  p.  108.] 
837.  Public  Libraries,  Town  and  Township — Special  Tax — Board. 
3.  Within  ten  (10)  days  after  said  judge  of  the  circuit  court  shall  have  been 
notified,  as  above  provided,  that  such  subscription  list  has  been  filed  with 
the  clerk  of  the  circuit  court,  if  one  has  been  filed  to  secure  the  levying  of 
such  tax.  or  that  the  common  council  has  certified  to  such  clerk  that  the  levy 
as  provided  herein  has  been  made,  it  shall  be  the  duty  of  said  judge  to  examine 
Mich  subscription  list  and  if  it  be  found  that  an  amount  of  solvent  subscrip- 
tion has  been  made  equal  to  the  amount  required  by  section  one  (1)  of  this 
act,  then  he  sl'iall  order  a  copy  of  such  subscription  list  spread  upon  the  records 
of  said  court,  and  he  shall  appoint  ti  ••  -r-ons,  residents  of  such  city 

or  town,  as  members  of  such  public  library  board,  one  of  whom  he  shall  appoint 
for  one  (1)  year,  one  for  two  (2)  yean  and  one  for  three  (3)  years,  from  the 
date  of  their  appointment,  and  after  the  first  appointment  all  appointments 
made  by  the  judge  of  the  court  shall  be  for  a  period  of  two  (2)  years;  and  all 
appointments  so  made  by  the  judge  of  the  court  shall  !»»•  entered  in  the  order 
books  of  said  court.  If  the  township  advisory  board  of  any  township  shall 
levy  and  collect  a  tax  for  library  purposes  the  total  amount  of  which  tax 


318 


SCHOOL   LAWS    OF    INDIANA 


shall  be  greater  than  the  amount  of  tax  collected  by  the  town  or  city  for  said 
library  purposes,  and  pay  the  same  over  to  the  treasurer  of  the  city  or  town 
where  a  library  is  located  and  otherwise  avail  themselves  of  the  provisions 
of  this  act  as  hereinafter  provided,  then  and  in  that  event  the  judge,  in  ap- 
pointing the  members  of  such  public  library  board,  at  any  time  thereafter, 
may  appoint  persons  who  are  residents  of  such  city  or  town  or  of  such  town- 
ship outside  of  such  city  or  town.  Within  ten  (10)  days  after  the  common 
council  or  the  town  board  and  the  board  of  school  trustees  shall  have  been 
notified,  as  in  section  two  (2)  of  this  act,  each  body  shall  appoint  two  (2) 
persons  also  residents  of  such  city  or  town,  not  otherwise  appointed  as  mem- 
bers of  such  board,  who  shall  become  members  of  such  public  library  board. 
The  members  so  appointed  by  the  common  council  or  town  board  for  the 
first  appointment  under  this  act  shall  serve  for  a  period  of  one  (1)  year,  and 
after  the  first  appointment  all  appointments  made  by  the  common  council 
or  town  boards  shall  be  for  a  period  of  two  (2)  years.  The  board  of  school 
trustees  shall  appoint  its  members  for  a  term  of  two  (2)  years,  who  may  be 
from  their  own  board.  If  the  township  advisory  board  of  any  township  shall 
levy  and  collect  for  library  purposes  five-tenths  (5-10)  of  a  mill  on  each  dollar 
of  all  the  taxable  property  assessed  for  taxation  in  said  township,  as  shown 
by  the  tax  duplicate  for  the  year  immediately  preceding  the  fixing  of  such 
levy,  exclusive  of  the  property  of  such  city  or  town  already  taxed  for  said 
library,  and  pay  the  same  over  to  the  treasurer  of  such  city  or  town  where 
such  library  is  located,  then  in  such  case  the  township  trustee  shall,  ex- 
officlo,  be  a  member  of  such  public  library  board,  and  such  township  trustee 
shall  appoint  one  (1)  person,  a  resident  of  said  township,  not  otherwise  ap- 
pointed, as  a  member  of  said  public  library  board,  who  shall  become  a  mem- 
ber of  such  public  library  board,  and  such  appointment  by  such  township 
trustee  shall  be  for  a  period  of  two  (2)  years,  and  all  members  of  such  public 
library  board  appointed  as  herein  provided,  shall  serve  until  their  successors 
are  appointed  and  qualified:  Provided,  That  women  may  be  eligible  to  ap- 
pointment as  members  of  such  library  board,  and  not  less  than  three  (3)  of 
the  members  appointed  shall  be  women.  The  judge,  common  council  or 
town  board,  the  board  of  school  trustees,  the  township  trustees,  in  making 
the  appointments,  shall  select  persons  of  well  known  probity,  integrity, 
business  ability  and  experience,  and  who  are  fitted  for  the  character  of  the 
work  they  are  to  perform,  and  who  shall  have  resided  for  a  period  of  not  less 
than  one  (1)  year,  immediately  preceding  their  appointment,  in  the  city  or 
town  for  which  they  are  appointed,  in  the  case  of  members  appointed  by  the 
common  council  or  town  board  and  school  trustees,  and  in  the  township  in 
the  case  of  the  member  appointed  by  the  township  trustee  as  hereinbefore 
provided  and  in  the  city,  town  or  township  in  the  case  of  the  members  ap- 
pointed by  the  judge,  and  who  shall  not  be  less  than  twenty-five  (25)  years 
of  age  at  the  time  of  appointment,  and  who  shall  serve  without  compensation 
for  service.  In  case  of  vacancy  on  such  board  from  any  cause,  it  shall  be  the 
duty  of  said  judge,  common  council  or  town  board,  board  of  school  trustees 
and  township  trustees  to  fill  such  vacancy  occurring  in  the  membership  ap- 
pointed by  each  respectively. 

838.  Certificates  of  Appointment — Oath.  4.  All  appointments  to 
membership  on  the  public  library  board  shall  be  evidenced  by  certificates  of 
appointment,  duly  signed  by  the  judge  as  to  members  appointed  by  him. 


SCHOOL    LAWS    OF    INDIANA  319 

b\  the  mayor  or  president  of  the  town  board,  by  the  president  of  the  board 
of  school  trustees,  and  township  trustees,  as  to  members  respectively  appoint- 
ee: by  them,  which  certificates  of  appointment  shall  be  handed  to  or  mailed 
to  the  address  of  the  appointee.  Within  ten  days  after  receiving  such  cer- 
ti  cate  of  appointment  such  appointee  shall  qualify  by  taking  the  oath  of  office 
b«  fore  the  clerk  of  the  court,  that  such  appointee  will  faithfully  discharge 
tJ  3  duties  as  a  member  of  the  public  library  board  to  the  best  of  his  ability, 
ai  d  shall  file  such  certificate  with  the  oath  endorsed  thereon,  with  the  clerk 
01  the  circuit  court  of  the  county  in  which  such  library  is  to  be  established. 
(  4919,  as  amended  1903,  p.  301.) 

839.  Organization.    5.    Within  five  days  after  all  the  members  of  such 
t  >ard  shall  have  been  appointed  and  qualified,  they  shall  meet  and  organize 
1  ?  electing  one  of  their  number  president,  one  vice-president  and  one  secre- 
t  jy,  and  shall  select  such  committees  or  executive  board  as  they  may  deem 
i  scessary  to  carry  on  the  work  of  the  board.    (§4920.) 

840.  Subscriptions    Collected — Buildings — Tax.      7.      When    such 
]  ublic  library  board  shall  have  organized  for  the  transaction  of  business, 
1  aere  shall  be  placed  in  its  hands  by  the  said  clerk  of  the  circuit  court  the 
<  riginal  subscription  list,  if  any  has  been  made,  for  the  procuring  of  the 
]  3vy  of  the  tax,  as  herein  provided,  and  it  shall  be  the  duty  of  such  library 

•oard  to  collect  quarterly  all  money  subscribed,  as  the  same  becomes  due, 
,  ,s  provided  for  in  section  1  of  this  act,  and  pay  the  same  over  to  the  treas- 
irer  of  such  city  or  town,  and  to  expend  the  same  in  the  establishment, 
iquipment,  enlargement  and  management  of  a  public  library,  in  the  manner 
is  provided  for  in  section  8,  which  shall  be  open  to  and  for  the  use  and  benefit 
>f  all  the  inhabitants  of  the  city  or  town  in  which  the  same  is  located,  and  such 
ibrary  board  may  use  such  sum  for  the  purchase  of  a  building  site  and  the 
3rection  of  a  library  building  as  the  board  may  decide.  It  shall  be  the  duty  of 
such  library  board  to  determine  the  rate  of  taxation  that  shall  be  necessary  to 
establish,  increase,  equip  and  maintain  the  public  library  and  certify  the  same 
to  the  common  council  or  town  board  and  to  the  county  auditor:  Provided, 
That  said  levy  shall  not  exceed  one  mill  on  each  dollar  of  all  the  taxable 
property  assessed  for  taxation  in  such  city  or  town,  as  shown  by  the  tax 
duplicate  for  the  year  immediately  preceding  the  fixing  of  such  levy.  When 
the  assessment  for  such  public  library  purposes  shall  be  certified  to  the 
common  council  or  town  board  and  the  auditor,  by  the  public  library  board, 
the  same  shall  be  placed  upon  the  tax  duplicate  of  such  county  and  city  or 
town  and  collected  in  like  manner  as  other  taxes  are  levied  and  collected. 
(§4922,  as  amended  1903,  p.  301.) 

841.  Tax,  how  Used.    8.    The  tax  so  levied  as  provided  for  in  sections 
1  and  7  of  this  act  shall  be  held  and  kept  as  a  separate  fund  by  the  treasurer 
of  such  city  or  incorporated  town  for  public  library  purposes,  as  herein 
provided,  and  he  shall  pay  out  the  same  for  library  purposes  only  upon  the 
warrant  of  the  president  of  the  library  board,  countersigned  by  the  secre- 
tary thereof.    The  treasurer  of  such  city  or  town  shall  be  liable  on  his  official 
bond  for  the  faithful  performance  of  the  duties  imposed  upon  him  by  this 
act.    (§4923.) 


320  SCHOOL    LAWS    OF    INDIANA 

842.  Use  of  Library — Certificates  of  Membership — Township  May 

Use.  9.  When  a  public  library  shall  have  been  established  in  any  city  or 
incorporated  town  in  this  state  under  the  provisions  of  this  act,  such  library 
shall  be  open  and  free  for  the  use  and  benefit  of  all  the  inhabitants  of  the 
township  in  which  such  library  shall  be  located,  provided  the  township  ad- 
visory board  of  the  township  in  which  such  library  is  located,  shall  levy  and 
collect  a  tax  of  two-tenths  of  a  mill  on  each  dollar  of  all  the  taxable  property 
assessed  for  taxation  in  said  township,  as  shown  by  the  tax  duplicate  for  the 
year  immediately  preceding  the  fixing  of  such  levy,  exclusive  of  the  property 
of  such  city  or  town  already  taxed  for  said  library,  and  collect  and  pay  the 
same  over  to  the  treasurer  of  such  city  or  town  where  such  library  is  located, 
to  be  held  by  such  treasurer  as  a  part  of  the  public  library  fund.  Said 
library  shall  remain  open  and  free  for  the  use  and  benefit  of  all  the  inhabitants 
of  such  township  so  long  as  said  tax  as  herein  provided  and  specified  shall  be 
levied,  collected  and  paid  over  to  the  treasurer  of  such  city  or  town  for  the 
use  of  said  library  board  for  the  purpose  herein  named.  When  the  public 
library  of  any  city  or  town  is  not  so  open  and  free  for  the  use  and  benefit  of 
the  inhabitants  of  any  township,  by  reason  of  such  township  failing  to  levy 
and  collect  the  tax  herein  required,  the  public  library  board  may  issue  and 
sell  certificates  or  library  cards  to  any  person  or  family  resident  in  such  town- 
ship at  such  annual  fee  as  may  be  deemed  by  them  to  be  a  fair  compensation 
for  such  privilege,  and  such  library  cards  shall  give  to  the  purchaser  thereof 
the  same  rights  and  privileges  as  the  inhabitants  of  the  city  or  incorporated 
town.  (§4924.) 

843.  Donation  of  Library.     10.     If  any  city  or  incorporated  town  in 
this  state  where  a  library  of  the  value  of  an  amount  equal  to  the  amount  of 
money  that  would  be  derived  from  a  tax  levy  of  three-tenths  of  a  mill  on 
each  dollar  of  valuation  of  the  taxable  property  within  such  city  or  town 
assessed  for  taxation,  as  is  shown  by  the  preceding  tax  duplicate  of  said 
city  or  town,  is  already  established  and  maintained  under  the  existing  law 
of  this  state,   and  whenever  the  managing  board  of  such  library  already 
so  existing  and  maintained  shall  tender  the  ownership,  custody  and  con- 
trol of  said  library  free  of  expense  to  such  public  library   board  for   the 
uses    and    purpose    of    a    public    library    as    contemplated   by    this    act, 
which    tender    of   custody    and    control    thereof   shall   be   evidence   by   a 
certificate  issued  by   the   managing  board   thereof  and  filed  in  triplicate 
with  the  clerk  of  the  circuit  court  of  the  county  wherein  said  city  or  town  is 
located,  'with  the  clerk  of  said  city  or  town  and  the  secretary  of  the  board  of 
school  trustees  in  the  manner  and  form  as  prescribed  in  the  certificates  of 
popular  subscription  contained  in  section  2  of  this  act,  which  certificate  shall 
show  the  value  of  such  library.    A  public  library  board  shall  be  appointed  as 
in  the  manner  as  set  fourth  in  this  act,  except  such  board  shall  be  appointed 
only  when  the  common  council  or  town  board  have  decided  by  a  majority 
vote  of  the  members  thereof  to  accept  such  library  and  to  levy  annually  and 
collect  a  tax  as  other  taxes  are  levied  and  collected,  and  not  to  exceed  one  mill 
on  each  dollar  of  valuation  of  taxable  property  of  such  city  or  town,  as  herein 
specified.     Said  council  or  town  board  shall  certify  its  said  decision  of  ac- 
ceptance, attested  by  the  clerk  of  said  city  or  town,  and  the  mayor  of  such 
city  or  president  of  such  town  board  to  the  judge  of  the  circuit  court  and  the 


SCHOOL    LAWS    OF    INDIANA  321 

sec  etary  of  said  board  of  school  trustees,  whereupon  said  judge,  city  council 
or  own  board  and  board  of  school  trustees  shall  proceed  to  appoint  said 
pul  lie  library  board  in  the  manner  and  form  and  to  all  intents  and  purposes 
as  4  done  by  the  voluntary  levy  of  such  tax  by  the  council  or  town  board, 
or  lie  popular  subscription  filed  with  the  clerk  of  the  court  as  hereinbefore 
pn  -ided.  (As  amended,  1903,  p.  301;  §4925.) 

144.  Removal  of  Member  of  Board.  11.  The  judge  of  the  circuit 
coi  *t,  the  common  council  or  town  board  and  the  board  of  school  trustees 
ms  r  at  any  time,  for  cause  shown,  remove  any  member  of  such  library  board 
thj  :  may  have  been  appointed  by  each,  respectively,  and  fill  the  vacancy 
oc(  isioned  thereby  as  provided  for  in  section  3  of  this  act.  (§4926.) 

815.  Treasurer's  Report.  12.  The  treasurer  of  such  city  or  incor- 
po  ated  town,  operating  libraries  under  this  act,  shall  make  and  file  with  the 
coi  imon  council  or  the  town  board  thereof,  not  later  than  the  15th  day  of 
Ja  uary  of  each  year,  an  itemized  statement,  under  oath,  of  all  the  receipts 
an  I  disbursements  of  such  public  library  board  for  the  year  ending  December 
31  immediately  preceding  the  making  and  filing  of  such  report,  and  such 
re]  ort  shall  contain  an  itemized  statement  of  the  sources  of  all  receipts,  all 
dh  bursements  made  and  the  purpose  for  which  the  same  were  made,  and  such 
an  mal  report  shall  be  open  to  inspection  of  the  citizens  of  such  city  or  town, 
an  1  also  the  township  ^n  which  such  city  or  town  is  located,  providing  the 
to  /nship  has  complied  with  the  provisions  of  section  9  herein.  (§4927.) 

846.  Repealing  Section.     13.     All  laws  and  parts  of  laws  in  conflict 
wi  ,h  the  provisions  of  this  act  are  hereby  repealed:    Provided,  That  this  act 
sh  ill  not  interfere  with  the  maintenance  or  management  of  any  existing 
library  already  established  and  operating  under  the  laws  of  this  state. 
(§4928.) 

[Acts  1911,  p.  330.    Approved  March  4,  1911.] 

847.  Library — Extension    of    Privileges    to    townships — Tax.       1. 

Whenever  the  library  board  of  any  public  library  established  in  any  city  or 
incorporated  town  in  this  state  shall  file  notice  with  the  township  advisory 
beard  of  any  township  or  townships,  in  which  such  city  or  town  is  located, 
or  of  any  neighboring  township  in  the  same  county,  of  consent  of  such  library 
beard  to  make  such  library  open  and  free  to  all  the  people  of  said  township 
or  townships,  on  the  condition  of  the  said  township  or  townships  contributing 
to  the  support  of  such  public  library,  such  advisory  board  shall,  upon  petition 
of  fifty  taxpayers  residing  in  any  said  township  owning  real  estate  in  said 
tcwnship  not  already  taxed  for  such  library,  make  an  annual  appropriation 
and  levy  a  tax  of  not  less  than  five-tenths  of  a  mill,  and  not  more  than  one 
mill,  on  each  dollar  of  taxable  property  in  said  township,  exclusive  of  the 
pioperty  of  such  city  or  town  already  taxed  for  such  library,  and  collect  and 
pay  the  same  over  to  the  treasurer  of  such  city  or  town  where  such  library 
is  located,  to  be  held  by  such  treasurer  as  part  of  library  fund  to  be 
p  iid  out  only  on  warrants  signed  by  the  president  and  secretary  of 
such  library  board:  Provided,  That  the  advisory  board  may  levy  such 
ti.x  and  make  such  appropriation  without  such  petition:  Provided,  further, 
That  in  any  township  in  this  state  where  the  public  library  in  any  city  or 

8554—21 


322  SCHOOL    LAWS    OF    INDIANA 

incorporated  town  is  now  open  and  free  to  the  people  of  such  township  under 
any  existing  law  of  this  state,  and  it  appear  by  certificate  of  the  library  board 
of  such  public  library,  filed  with  such  township  advisory  board,  that  at  least 
one- tenth  of  the  families  of  the  taxpayers  of  such  township,  outside  the  limits 
of  such  city  or  town,  are  users  of  such  library,  such  township  advisory  board 
shall  make  such  appropriation  and  levy  without  such  petition:  Provided 
further,  That  where  any  township  coming  under  the  provisions  of  this  act 
owns  a  township  library  and  levies  a  library  tax  therefor,  it  shall  be  discretion- 
ary with  the  advisory  board  of  such  township  whether  such  tax  for  such  city 
or  town  library  shall  be  levied.  Said  library  shall  remain  open  and  free  to 
the  people  of  any  such  township  or  townships  so  long  as  the  families  of  one- 
tenth  of  the  taxpayers  in  said  township  or  townships  outside  the  limits  of 
said  city  or  town  are  found  to  be  users  of  said  library,  or  when  less  than  one- 
tenth  of  the  families  of  the  taxpayers  shall  use  the  said  library,  the  advisory 
board  may,  at  its  discretion,  continue  the  tax  herein  specified.  In  case  the 
said  tax  is  not  levied,  or  is  discontinued,  the  library  board  may  issue  or  sell 
a  certificate  or  library  card  to  any  person  resident  in  such  township  or  town- 
ships at  such  annual  fee  as  may  be  deemed  by  it  to  be  fair  compensation  for 
such  privileges,  and  such  library  card  shall  give  the  purchaser  thereof  the 
same  right  and  privileges  as  the  inhabitants  of  the  city  or  incorporated  town: 
Provided,  That  where  any  township  coming  under  the  provisions  of  this  act 
owns  a  township  library  and  levies  a  library  tax  therefor,  it  shall  be  discre- 
tionary with  the  advisory  board  of  such  township  whether  such  tax  for  such 
city  or  town  library  shall  be  levied.  (§4912b.) 

848.  Accounting — Report.      2.      The   library   board   of   any   public 
library  receiving  funds  from  such  township  tax  levy,  shall  make  and  file  with 
the  advisory  board  or  boards  of  such  township  or  townships,  not  later  than 
the  15th  day  of  January  each  year,  an  ^itemized  statement  of  all  the  receipts 
and  disbursements  of  such  public  library  board  for  the  year  ending  December 
31  immediately  preceding  the  making  and  filing  [of]  such  report.     (§4912c.) 

[Acts  1899,  p.  134.    Approved  and  in  force  February  24,  1899.] 

849.  Public   Library   Commission.      1.     There  is  hereby  created  a 
public  library  commission,  which  shall  be  composed- of  three  members,  ap- 
pointed by  the  Governor,  who  shall  serve  without  compensation  except  as 
herein  provided,  each  for  the  term  of  four  years,  except  that  one  of  the  mem- 
bers first  so  appointed  by  the  Governor  shall  be  appointed  for  a  term  of  two 
years  only,  and  one  for  one  year.    (§6654.) 

850.  Office — Duties — Employes.     2.     Said  public  library  commission 
shall  be  assigned  a  permanent  office  room  in  the  state  house,  with  storage 
and  shipping  rooms  in  the  basement  of  the  same  sufficient  for  the  performance 
of  its  duties.    It  shall  have  the  custody,  control  and  management  of  the  travel- 
ing libraries  hereinafter  provided  for,  shall  purchase  the  books  and  collections 
of  books  therefor,  and  the  equipment  for  the  same;  shall  adopt  rules  and 
regulations  for  loaning  such  books  and  collections  of  books  to  library  associa- 
tions, and  to  the  persons  entitled  to  borrow  the  same,  and  shall  provide  for 
and  require  such  security  and  guaranty  for  the  safe  return  of  such  books  or 
collections  of  books  as  may  be  deemed  advisable ;  shall  prepare  lists  of  books 
suitable  for  public  libraries  and  obtain  prices  for  the  same,  and  furnish  such 


SCHOOL    LAWS    OF    INDIANA  323 

list  when  required;  shall  furnish  information  or  advice  as  to  the  organiza- 
tio  ,  maintenance  or  administration  of  any  library  in  the  state.  It  shall  also 
pr<  ride  courses  of  library  instruction,  print  lists  and  circulars  of  information 
an*  perform  such  other  services  in  behalf  of  public  libraries  as  it  may  consider 
for  the  best  interests  of  the  state.  The  said  commission  shall  employ -a  secre- 
tai  and  such  other  assistants  as  shall  be  requisite  for  the  performance  of  the 
ser  ices  above  specified,  who  shall  serve  under  the  direction  of  the  commis- 
sio  i.  The  commission  shall  each  year  obtain  reports  of  all  libraries  in  the 
st;  ;e,  and  on  October  31,  1906,  the  commission  shall  make  a  full  report  to  the 
Gc  /ernor  as  to  the  library  conditions  and  progress  in  Indiana.  This  report 
\vl  >n  printed,  shall  be  presented  to  the  general  assembly  of  the  State  of 
In  Jana,  and  biennially  thereafter  a  like  report  shall  be  made.  These  reports 
sh  11  be  printed  and  bound  by  the  state  printing  board,  the  same  as  other 
pi:  )lic  documents,  and  shall  be  distributed  by  the  public  library  commis- 
SH  a.  (§6655,  as  amended,  1905,  p.  151.) 

851.  Purchase  of  Books — Appropriation.     3.     There  is  hereby  an- 
m  illy  appropriated  from  any  funds  in  the  treasury  not  otherwise  specifically 
a]  oropriated  the  sum  of  seven  thousand  dollars  ($7,000.00)  to  carry  into 
of    <-t  the  provisions  of  this  act.    All  bills  incurred  by  the  commission  or  by  its' 
m  mbers  and  assistants  under  the  law,  when  approved  and  certified  by  the 
pr  jsident  and  secretary  of  the  commission,  shall  be  presented  to  the  state 
ai  ditor,  who  shall  issue  warrants  therefor  upon  the  state  treasury,  which 
sh  ill  be  in  lieu  of  all  sums  now  provided  by  law  for  the  carrying  into  effect 
th  3  provisions  of  this  act.    (§6656,  as  amended,  1903,  p.  179.) 

852.  Library  Association.    4.    Any  five  or  more  citizens  may  organize 
a  .ibrary  association,  which  on  furnishing  security  satisfactory  to  said  com- 
m  ssion,  shall  be  entitled  to  the  use  of  the  traveling  libraries  under  the 
rules  and  regulations  of  said  commission,  and  without  charge  further  than 
al  expenses  of  transportation  of  said  libraries.    Any  local  library,  literary  or 
other  club,  agricultural  or  other  society,  grange,  college,  seminary,  university 
e>  tension  center,  study  circle  or  other  association  shall  have  the  use  of  said 
traveling  libraries  on  furnishing  satisfactory  security  and  complying  with  the 
n  les  and  regulations  as  aforesaid.    (§6657.) 


1.  Section  5  of  this  act  has  been  repealed. 

[Acts  1899.  p.  134.    Approved  and  in  force  February  24,  1899.] 


853.  Advice.  6.  The  librarian  or  trustee  of  any  free  public  library  may 
a  >ply  to  said  public  library  commission  for  advice  as  to  all  matters  pertaining 
to  >  the  organization,  maintenance  or  administration  of  their  library^;  and  said 
c  >mmission  shall  give  such  advice  and  personal  attention  as  may  be  neces- 
sary. (§6659.) 

851.  Township  Library.  7.  The  advisory  board  of  any  township  de- 
s  ring  to  establish  and  maintain  a  publii-  library  open  to  and  for  the  free  use 
of  all  the  inhabitants  thereof,  may  levy  a  tax  annually  of  not  more  than  one 
ciill  on  each  dollar  of  taxable  property  assessed  for  taxation  in  such  township. 
If  the  advisory  board  do  not  make  such  levy,  then,  on  tin-  written  petition 
cf  fifty  legal  voters  of  any  township  filed  with  the  county  clerk  not  less  than 
f.fteen  days  prior  to  a  township  election,  the  county  board  of  election  com- 


324 


SCHOOL    LAWS    OF    INDIANA 


missioners  shall  cause  to  be  printed  on  the  township  ballots  for  such  township 
the  words:  "For  a  township  library  tax."  "Yes."  "No."  If  in  the  election  a 
majority  of  the  votes  cast  on  said  question  shall  be  in  the  affirmative,  the 
township  trustee  shall  thereafter  levy  annually  a  tax  of  not  less  than  five- 
tenths  of  a  mill  nor  more  than  one  mill  on  each  dollar  of  the  property  taxable 
in  said  township  for  the  establishment  and  support  of  a  township  library  free 
to  all  inhabitants  of  such  township,  which  tax  shall  be  levied,  assessed,  col- 
lected and  paid  as  other  township  taxes  are  levied,  assessed,  collected  and  paid: 
Provided,  That  after  such  library  has  been  established  such  tax  levy  shall  be 
discontinued  when,  under  the  above  provision,  the  question  of  discontinuing 
such  levy  shall  have  been  submitted  to  a  vote  and  the  majority  of  the  votes 
cast  on  said  question  shall  be  in  the  negative:  Provided  further,  That  if  there 
be  located  in  said  township  a  public  library  open  to  the  use  of  all  the  inhabi- 
tants thereof,  then  the  proceeds  of  said  tax  shall  be  paid  to  said  public  library. 
Be  it  further  enacted,  that  in  any  township  outside  of  cities  in  which  there  has 
been  or  may  hereafter  be  established  by  private  donations  a  library  of  the 
value  of  ten  thousand  dollars  or  more,  including  the  real  estate  and  buildings 
used  for  such  library  for  the  use  and  benefit  of  all  the  inhabitants  thereof, 
the  township  trustee  of  such  township  shall  annually  levy  and  collect  not 
more  than  six  cents  on  the  hundred  dollars,  upon  the  taxable  property  within 
the  limits  of  such  township,  which  shall  be  paid  to  the  trustees  of  such  library, 
and  be  applied  by  them  to  the  purchase  of  books  for  said  library  and  to  the 
cost  of  the  maintenance  thereof,  and  said  trustee  may,  with  the  consent  of 
the  board  of  commissioners -of  the  county,  when  it  shall  become  necessary  to 
purchase  additional  ground  for  the  extension  or  protection  of  library  build- 
ings already  established  by  such  private  donation,  annually  levy  and  collect 
not  more  than  five  cents  on  the  hundred  dollars  upon  all  taxable  property 
of  said  township  for  not  more  than  three  years  successively,  which  shall  be 
expended  by  said  trustees  in  the  purchase  of  said  property  and  the  erection 
and  enlargement  of  library  building  thereon.  (§6660,  as  amended,  1911,  p. 
73.) 

855.      Township  Library  Board — Townships  Uniting.      8.      In  any 

township,  where  a  free  public  library  is  established  as  above  provided,  there 
shall  be  established  a  township  library  board  composed  of  the  school  town- 
ship trustee  and  two  residents  of  the  township,  to  be  appointed  by  the  judge 
of  the  circuit  court  (one  of  whom  shall  be  a  woman).  Of  the  first  two  members 
of  such  board  so  appointed  one  shall  be  appointed  for  a  term  of  two  years  and 
one  for  four  years,  and  thereafter  the  term  of  office  shall  be  four  years.  Such 
library  board  shall  have  control  of  the  purchase  of  books  and  the  manage- 
ment of  such  library,  and  shall  serve  without  compensation.  Said  library 
shall  be  the  property  of  the  school  township,  and  the  school  township  trustee 
shall  be  responsible  for  the  safe  preservation  of  the  same.  Said  board  shall  be 
entitled  to  the  possession  and  custody  of  any  books  remaining  in  the  old  town- 
ship library  in  such  township;  and  such  board  shall  be  empowered  to  receive 
donations,  bequests  and  legacies  for  and  on  behalf  of  such  library,  and  shall 
be  entitled  to  receive  from  the  public  library  commission  and  state  librarian 
copies  of  all  documents  of  this  state  available  for  distribution.  Two  or  more 
adjacent  townships  may  unite  to  establish  and  maintain  a  public  library  at 
the  discretion  of  the  advisory  boards,  and  when  two  or  more  townships  have 


so  ui  ited,  the  combined  library  boards  appointed  as  herein  specified  or  the 
boar  i  of  the  public  library  to  which  such  money  is  paid  as  herein  provided, 
shall  control  the  library  so  established.  (§6661,  as  amended,  1911,  p.  73.) 

8  »6.  Official  Documents.  9.  The  state  librarian  ahd  the  public  library 
com  lission  shall  supply  any  library  of  this  state  with  copies  of  official  docu- 
men  s  and  publications  of  the  state  in  his  custody  available  for  distribution 
witli  n  the  state.  (§6662.) 

It .$7.  Member  of  Commission  not  to  be  Publisher.  10.  No  member 
of  t  e  public  library  commission  shall  be  in  any  way  connected  with  the 
busi  less  of  publishing  or  selling  books.  (§6663.) 

[Approved  March  6,   1913.] 

:  58.      Schools — Cities  and  Towns — Charge  of  Public  Library.      1. 

Tha  in  all  the  cities  and  incorporated  towns  of  this  state  the  board  of  school 
tru>  ees,  board  of  school  commissioners,  or  whatever  board  may  be  established 
by  1  iw  to  take  charge  of  the  public  or  common  schools  of  said  city  or  incor- 
por,  ted  town,  shall  have  power,  if  in  their  discretion  they  deem  it  to  the  public 
intc  *est,  to  establish  a  free  public  library  in  connection  with  the  common 
sch<  ols  of  said  city  or  incorporated  town,  and  to  make  such  rules  and  regula- 
tion i  for  the  care  and  protection  and  government  of  such  library  and  for  the 
can  of  the  books  provided  therefor,  and  for  the  taking  from  and  returning 
to  s  iid  library  of  such  books  as  the  said  board  may  deem  necessary  and  proper; 
and  to  provide  penalties  for  the  violation  thereof  Provided,  That  in  any  city 
or  i  icorporated  town  where  there  is  already  established  a  library  open  to  all 
the  people,  no  tax  shall  be  levied  for  the  purpose  herein  named:  Provided, 
furl  ker,  That  in  all  cities  having  according  to  the  last  preceding  United  States 
census  not  less  than  four  thousand  (4,000)  nor  more  than  four  thousand  five 
hundred  (4,500)  population,  in  which  there  is  a  public  library  open  to  all 
the  people  already  established  under  the  library  laws  of  this  state,  supported 
in  v  hole  or  in  part  by  taxation,  such  board  of  school  trustees,  board  of  school 
commissioners,  or  other  boards  established  by  law  to  take  charge  of  the  public 
or  common  schools  of  said  city  or  incorporated  town,  shall  have  the  power, 
by  ind  with  the  consent  of  the  public  library  board  in  charge  of  such  library 
already  established,  to  take  over,  receive  and  take  full  charge  of  such  estab- 
lished library,  together  with  all  the  property,  whether  real,  personal  or  mixed, 
am.  support,  maintain  and  operate  such  library  the  same  as  if  such  library 
had  been  originally  established  by  such  board,  and  for  the  purpose  of  support- 
ing, maintaining,  increasing  and  operating  such  library,  such  board  shall 
haire  the  power  and  authority  to  receive  gifts  and  donations,  and  shall 
ha-'-e  the  same  power  of  taxation  as  vested  by  law  in  the  public  library  board 
from  which  such  library  was  taken  over  and  received.  (§6642,  amended. 


., 


[Acts  1885,  p.  120.     Approved  and  in  force  April  2,  1885.] 


Libraries  in  Certain  Cities.  1.  Wherever  the  board  of  directors 
a  library  heretofore  situate  within  the  limits  of  any  incorporated  town 
nuy  have  filed  the  agreement  and  request  with  the  board  of  trustees  of  said 
town,  provided  for  in  an  act  entitled  "an  act  supplementary  to  an  act  entitled 
act  to  establish  public  libraries,"  approved  February  16,  1852,  approved 


n 


326  SCHOOL    LAWS    OF    INDIANA 

March  8,  1883,  and  the  board  of  trustees  of  such  town  may  have  levied  a  taj 
for  the  support  of  such  library  in  pursuance  of  such  request  and  agreemen 
and  in  accordance  with  said  act,  and  such  town  may  afterward  have  becom< 
incorporated  as  a  city,  the  common  council  of  such  city  shall  have  all  th< 
powers  to  levy  tax,  and  do  all  other  things  granted  by  said  act  above  named  t( 
trustees  of  towns,  and  all  the  provisions  of  said  act  applicable  to  such  library 
and  its  relations  to  the  town  before  its  incorporation  as  a  city  shall,  after  sucl 
incorporation,  be  applicable  to  such  library,  and  its  relations  to  such  city. 

[Acts  1889,  p.  561.    Approved  March  6,  1899,  and  in  force  April  28,  1899.] 

860.  Tax  to  Maintain.    2.     Such  board  shall  also  have  power  to  lev^ 
a  tax  of  not  exceeding  one  mill  on  each  dollar  of  taxable  property  assessed  fo: 
taxation  in  such  city  in  each  year;  which  tax  shall  be  placed  on  the  tax  dupli 
cate  of  such  city,  and  collected  in  the  same  manner  as  other  taxes;  and  whei 
said  taxes  are  so  collected,  they  shall  be  paid  over  to  the  said  board  for  th( 
support  and  maintenance  of  said  public  library.    Such  board  shall  have  powe: 
and  it  shall  be  its  duty  to  disburse  said  fund,  and  all  revenues  derived  fron 
gift  or  devise,  in  providing  and  fitting  up  suitable  rooms  for  such  library 
in  the  purchase,  care  and  binding  of  books  therefor,  and  in  the  payment  o 
salaries  to  a  librarian  and  necessary  assitsants.    (§6643.) 

[Acts  1901,  p.  14.  Approved  and  in  force  February  13,  1901.] 

861.  Libraries  in  Cities  of  3,500  to  4,000.     1.    Cities  having  a  popula 
tion  of  thirty-five  hundred  by  the  census  of  1900,  and  not  more  than  foil] 
thousand,  be,  and  they  are  hereby  authorized  to  accept  a  tender  of  the  custody 
and  control  of  libraries  established  by  library  associations,  incorporated  01 
otherwise,  provided  such  libraries  contain  at  least  three  thousand  volumes 
and  to  levy  a  tax  of  not  mpre  than  five  cents  on  the  one  hundred  dollars  o 
valuation  of  taxable  property  within  such  cities  for  the  maintenance  thereof 
(§4884.) 

862.  Acceptance  of  Library.     2.     Such  acceptances  shall  be  indicatec 
by  a  resolution  of  the  common  council  of  such  city,  whereupon  the  mayor  oi 
said  city  shall  appoint  three  reputable  citizens  of  said  city,  not  more  thai 
two  of  whom  shall  belong  to  the  same  political  party,  as  a  board  of  library 
directors,  one  member  of  said  board  to  serve  until  the  first  day  of  June  nexl 
succeeding,  one  member  of  said  board  to  serve  until  one  year  thereafter 
the  said  first  day  of  June  next  succeeding,  and  one  member  of  said  board  tc 
serve  until  two  years  thereafter,  said  first  day  of  June  next  succeeding,  and  £ 
member  of  said  board  shall  be  appointed  by  the  mayor  of  said  city  each  year 
whose  term  of  office  shall  commence  on  the  first  day  of  June  of  that  year 
Such  board  shall  organize  on  the  first  day  of  June  of  each  year  by  electing  on< 
of  its  number  as  president,  one  of  its  number  as  secretary,  and  one  of  its 
number  as  treasurer,  which  treasurer  shall  give  a  bond  with  freehold  sureties 
subject  to  the  approval  of  the  common  council,  to  faithfully  account  for  all 
funds  which  may  come  into  his  hands  as  such  treasurer.    They  shall  be  swore 
by  the  mayor  to  an  honest  and  faithful  discharge  of  their  duties.    The  bond 
of  the  treasurer  shall  be  made  payable  to  the  city.    (§4885.) 

863.  Payment  of  Taxes — Control.     3.     The  treasurer  of  the  board  oi 
library  directors  shall  receive  from  the  city  treasurer  all  taxes  collected  foi 


SCHOOL    LAWS    OF    INDIANA  327 

libra i  purposes  and  pay  out  the  same  on  the  order  of  the  board.  The  board 
of  dir  ictors  shall  have  the  custody  and  control  of  such  library,  subject  to 
any  i  iles  adopted  by,  or  orders  of  the  common  council,  employ  a  librarian, 
if  tin-  ncmbers  of  said  board  deem  it  necessary, .fix  and  pay  the  compensation 
of  sir  li  librarian,  pay  all  necessary  expenses  of  maintaining  such  library,  and 
buy  i  ?w  books  to  add  to  such  library  as  the  library  fund  may  justify,  but  in 
no  ca  e  shall  such  board  be  authorized  to  incur  any  liabilities  in  excess  of  the 
*»vail.  ble  funds  on  hand.  (§4886.) 

8f  1.  Privileges  of  Library.  4.  Any  resident  of  said  city  shall  be  en- 
tit  In  to  the  use  of  the  books  in  such  library  free  of  charge  upon  compliance 
wi  i  b  uch  rules  and  regulations  as  may  be  prescribed  by  the  board  of  directors, 
and  he  board  of  directors  may  prescribe  such  rules  and  regulations  as  they 
may  ,ee  fit  for  the  government  and  control  of  such  libraries,  if  the  said  rules 
ami  egulations  are  not  in  conflict  with  any  order  of  the  common  council  of 
such  city  with  reference  to  such  library,  and  the  government  and  control 
then  >f.  Such  board  of  directors  shall  make  a  detailed  report  to  the  common 
cou n  -il  at  the  end  of  each  annual  term,  accompanied  by  the  report  of  the 
trea-  irer  and  showing  all  receipts  and  expenditures  by  him,  and  attested  by 
the  resident  and  secretary.  Such  directors  shall  serve  without  compensa- 
tion or  services.  (§4887.) 

8  >5.  Removal  of  Directors.  5.  The  common  council  or  the  mayor, 
upo!  cause  shown,  may  at  any  time  remove  any  member  of  the  board  of 
libra  \v  directors,  and  upon  such  removal  or  the  creation  of  a  vacancy  other- 
wise the  mayor  shall  fill  the  vacancy  by  appointment.  (§4888.) 

866.  Library  Fund.  6.  The  tax  authorized  by  section  1  of  this  act 
shall  be  levied  and  collected  as  other  taxes  are  levied  and  collected,  but  shall 
constitute  a  special  fund  to  be  known  as  the  library  fund.  (§4889.) 


I 


[Acts  1885,  p.  9.    Approved  and  in  force  February  18,1885.) 


67.  Tax  Levy  for  Library.  1.  Any  township  in  which  there  has  been 
or  n  ay  hereafter  be,  established  by  private  donations,  a  library  of  the  value 
of  o  ie  thousand  dollars,  or  more,  for  the  use  and  benefit  of  all  the  inhabitants 
tin -r  of,  the  township  trustee  of  such  township  shall  annually  levy  and  collect 
not  more  than  one  cent  on  the  hundred  dollars  upon  the  taxable  property 
wit  Mil  the  limits  of  such  township,  which  shall  be  paid  to  the  trustees  of  such 
library,  ami  be  applied  by  them  to  the  purchase  of  books  for  said  library,  and 
ma\ ,  with  the  consent  of  the  board  of  commissioners  of  the  county  when  it 
shall  become  necessary  to  erect  or  enlarge  a  library  building  annually,  for 
such  period  as  may  be  necessary,  levy  and  collect  not  more  than  five  cents 
on  he  one  hundred  dollars  upon  the  taxable  property  of  said  township,  for 
not  more  than  t  hree  years  successively,  which  shall  be  expended  by  the  trustees 
t  he  erection  or  enlargement  of  a  library  building. 


K3 


This  section  is  probably  r  5 pealed  by  the  following: 

[Acts  1889.  p.  228.     Approved  and  in  force  March  •_'.   1899 


868.  Oflirr  of  Librarian  Aboli*licd.  1.  In  any  township  in  this  state 
in  n-hich  there  has  been  or  may  hereafter  be  established  by  private  donations 
a  library  of  the  value  of  one  thousand  dollars  or  more,  for  the  use  and  benefit 


u 


328  SCHOOL    LAWS    OF   INDIANA 

of  all  the  inhabitants  thereof,  the  board  of  commissioners  of  the  county 
which  such  township  is  situated  may,  upon  due  proof  thereof,  by  proper  orde 
entered  upon  its  records,  abolish  the  office  of  township  librarian  and  requii 
and  order  that  the  township  library  in  the  hands  of  the  township  trustee 
the  librarian  thereof  (including  all  t1^  books,  papers,  records,  furniture  an 
paraphernalia  pertaining  thereto),  b«  Burned  over  and  transferred  to  the  tru 
tees  or  other  managing  officers  of  such  library  established  as  aforesai 
(§4913.) 

869.  Library  Discontinued.     2.     That  in  the  event  said  library  assc 
ciation  so  established  or  to  be  established  shall  from  any  cause  cease  to  exi 
or  to  perform  its  duties  to  the  inhabitants  of  such  township,  then  all  : 
property  of  every  kind  shall  be  turned  over  to  and  become  the  property 
such  township.    (§4914.) 

870.  Legalizing   Section.     3.     All  library  associations  of  this  sta 
which  purport  to  have  been  organized  and  established  pursuant  to  the  prc 
visions  of  the  laws  of  this  state,  for  the  use  and  benefit  of  all  the  inhabitant 
of  any  township  in  this  state,  and  to  which  private  donations  to  the  amoun 
of  one  thousand  dollars,  or  more  have  been  subscribed,  are  hereby  legalize* 
made  valid  and  declared  to  be  legal  library  corporations  within  the  purvie 
of  this  act,  and  all  records,  proceedings,  subscriptions  to  and  acts  of  the  li- 
brary associations  are  hereby  ratified,  legalized  and  made  valid.      (§4915.) 

[Acts  1881,  p.  47.     Approved  and  in  force  March  7,  1881.] 

871.  Real  Estate.    3.    Any  such  city  in  which  a  free  public  library  may 
be  established  in  accordance  with  the  terms  of  this  act  may  acquire  by  pu 
chase,  or  take  and  hold  by  gift,  grant,  or  devise,  any  real  estate  necessar 
for,  or  which  may  be  donated  or  devised  for,  the  benefit  of  such  librarj 
and  all  revenues  arising  therefrom,  and  the  proceeds  of  the  same,  if  sol 
shall  be  devoted  to  the  use  of  said  library.    (§6645.) 

t 

[Acts  1885,  p.  160.     Approved  and  in  force  April  8,  1885.] 

872.  Real  Estate  for  Libraries.     1.    In  any  case  in  which  the  board 
school  trustees  of  any  city  of  this  state  have  purchased  any  real  estate  for  th 
use  of  a  public  library  of  said  city,  under  sections  4524,  4525  and   452 
[§§402,  403  and  404]  of  the  revised  statutes  of  1881,  and  the  revenue  derive 
from  taxation  under  said  sections  may  have  been  or  shall  be  insufficient 
pay  for  such  real  estate,  then  said  trustees  be  and  they  are  hereby  authorize 
to  pay  for  the  same  out  of  any  money  in  the  treasury  of  such  school  city  belong 
ing  to  the  special  school  fund  thereof.    (§6646.) 

[Acts  1903,  p.  346.    Approved  and  in  force  March  9,  1903.] 

873.  Parks  Used  for  Library.     1.     It  shall  be  lawful  for  the  commo 
councils  or  boards  of  trustees  of  all  incorporated  cities  and  towns  in  this  stat 
to  authorize  and  permit  the  use  of  any  public  park  in  such  cities  or  towns  fo 
the  location  and  erection  of  city,  county,  town  or  township  library  building 
and  the  use  of  such  public  park  for  such  purpose  shall  not  be  considered  as 
vacation  of  such  park  nor  as  an  abandonment  thereof  for  the  purpose  fo 
which  the  same  was  laid  out  or  dedicated. 


8T  i.  Prior  Acts  Legalized.  2.  Prior  actions  of  any  of  the  common 
coun  ils  or  boards  of  trustees  of  any  of  the  incorporated  cities  or  towns  in  this 
stati-  n  authorizing  or  permitting,  by  ordinance,  the  use  of  any  of  the  public 
squa  »s,  spaces  or  parks  in  such  cities  or  towns  for  the  locations  and  erection 
of  sa  I  county,  town  or  township  library  buildings,  be  and  the  same  are  hereby 
ratili  d,  confirmed,  legalized  and  in  all  things  made  valid,  and  such  action 
shall  not  be  considered  as  a  vacation  of  such  square,  space -or  park,  nor  as 
a  ban  lonment  thereof  for  the  purpose  for  which  the  same  was  laid  out  or 
dedi<  ited. 

[Acts  1891,  p.  37.    Approved  and  in  force  February  26,  189 l.J 

8  5.  School  and  Library  Tax  in  Cities  of  30,000.  1.  In  all  cities  of 
the  f'  tate  of  Indiana  where  boards  of  school  commissioners  have  been  elected 
and  ure  managing  the  school  affairs  of  said  city  under  an  act  of  the  general 
assei  ibly  of  the  State  of  Indiana,  entitled  "An  act  providing  for  a  general 
syst<  m  of  common  schools  in  all  cities  of  thirty  thousand  or  more  inhabitants, 
and  or  the  election  of  a  board  of  school  commissioners  for  such  cities,  and 
defii  ing  their  duties  and  prescribing  their  powers,  and  providing  for  common 
scho  >1  libraries  within  such  cities,  approved  March  3,  1871,  and  the  various 
acts  jf  the  general  assembly  amendatory  thereof,  and  supplemental  thereto, 
and  n  which  the  office  of  city  treasurer  has  been,  or  hereafter  may  be,  abolish- 
ed u  ider  and  by  virtue  of  an  act  of  the  general  assembly  of  the  State  of  In- 
dian i,  entitled  'An  act  concerning  taxation  for  city  and  school  purposes  in 
chic  ;  containing  a  population  of  over  seventy  thousand,  as  shown  by  the  last 
censis  of  the  United  States;  to  abolish  the  offices  of  city  assessor  and  city 
trea;  urer  in  such  cities,  and  provide  for  the  discharge  of  the  duties  of  such 
ottir  -s  and  repealing  laws  in  conflict  therewith,  approved  February  21, 
188,",'  "  such  boards  of  school  commissioners  be  and  they  are  hereby  author-* 
ized  and  empowered,  in  the  manner  and  form  in  which  they  are  now  by  law 
autl  orized  to  levy  taxes,  levy  taxes  for  the  support  of  the  schools  within  such 
city  including  such  taxes  as  may  be  required  for  paying  teachers,  in  addi- 
tion to  the  taxes  now  authorized  to  be  levied  by  the  general  assembly  of  the 
State  of  Indiana,  not  to  exceed,  however,  in  any  one  year,  the  sum  of  twenty- 
five  cents  on  the  one  hundred  dollars,  of  the  taxable  property  as  shown  by 
the  certificate  showing  the  assessment  and  valuation  for  taxation  of  all 
tax;  Mr  n-al  and  personal  railroad  property  of  such  city,  required  to  be  de- 
li \  •  "rd  to  said  board  of  school  commissioners  by  section  8  of  the  said  act  of 
the  general  assembly  of  the  State  of  Indiana,  approved  February  21,  1885, 
and  also  to  levy  a  tax  each  year  not  exceeding  four  cents  on  each  one  hundred 
dollars  of  the  taxable  property  in  said  city,  as  shown  by  said  certificate,  for 
the  support  of  free  public  libraries,  in  connection  with  the  common  schools 
of  said  city,  and  to  disburse  any  and  all  revenues  raised  by  such  tax  levied 
for  library  purposes,  in  the  purchase  of  books  and  in  fitting  up  of  suitable 
roo  ns  for  such  libraries,  salaries  to  librarians  and  other  expenses  necessarily 
incident  to  the  maintenance  of  such  library;  also,  to  make  and  enforce  such 
reg  ilations  as  they  may  deem  necessary  for  the  taking  out,  and  returning  to, 
ami  for  the  proper  care  of  all  books  belonging  to  such  libraries,  and  to  pre- 
scribe penalties  for  the  violation  of  such  regulations. 

876.    County  Treasurer  Reports  to  Board  of  School  Com  missioners. 

2.    In  all  cities  in  the  State  of  Indiana,  where  boards  of  school  commissioners 


330  SCHOOL    LAWS    OF    INDIANA 


ider  an' 


have  been  elected  and  are  managing  the  school  affairs  of  said  city,  un< 
by  virtue  of  said  act  of  the  general  assembly  of  the  State  of  Indiana,  approve! 
March  3,  1871,  and  in  which  the  -office  of  city  treasurer  has  been,  or  ma; 
hereafter  be,  abolished,  under  and  by  virtue  of  said  act  of  the  general  assembl; 
of  the  State  of  Indiana,  approved  February  21,  1885,  as  mentioned  an« 
described  in  the  first  section  of  this  act,  it  shall  be  the  duty  of  the  count; 
treasurer,  on  and  after  making  his  settlement  with  the  county  auditor  01 
the  third  Monday  of  April,  1891,  and  the  payment  to  the  board  of  schoo 
commissioners  of  the  amount  by  such  settlement  found  to  be  due  to  it,  a 
required  by  section  13  [R.  S.  1894,  §3758;  R.  S.  1897,  §1283;  Acts  1885,  p 
13]  of  the  last  above  named  act,  at  the  close  of  each  calendar  month,  to  mak 
report,  duly  verified  by  his  oath,  to  said  board  of  school  commissioners  of  al 
taxes  and  delinquent  taxes  collected  within  said  month,  and  thereafter 
upon  demand  of  the  treasurer  of  said  board  of  school  commissioners,  to 
to  him,  for  the  use  of  said  board  of  school  commissioners,  the  full  amoi 
of  said  taxes  and  delinquent  taxes  shown  by  said  report  to  have  been 
lected.  Upon  such  payment  being  made,  the  treasurer  of  the  board  of  sch( 
commissioners  shall  execute  to  said  county  treasurer  his  receipt  for  the  amoi 
of  money  so  paid,  which  receipt  the  latter  shall  deliver  to  the  secretary 
the  board  of  school  commissioners,  who  shall  give  him  a  quietus  therefc 
and  credit  said  county  treasurer  with  the  amount  thereof,  and  charge  suet 
amount  to  the  treasurer  of  said  board  of  school  commissioners. 

877.  County  Treasurer's  Credits.     3.     Said  county  treasurer  shall, 
thereafter  in  his  settlement  with  the  county  auditor,  made  as  required  bj 
law,  on  the  third  Monday  of  April,  and  the  first  Monday  of  November,  ir 
each  year,  present  such  quietuses. to  the  county  auditor,  who  shall  give  sucl 

*  county  treasurer  credit  therefor  as  against  the  sums  with  which  he  is  charge- 
able upon  account  of  the  collection  of  such  school  taxes. 

1.     REPEALING  SECTION.     The  fourth  section  expressly  repeals  the  act  of  1! 
p.  432,  on  the  same  subject. 

[Acts  1901,  p.  10.    Approved  and  in  force  February  13,  1901.] 

878.  School  and  Library  Tax  in  Cities  of  15,000  to  30,000.     1. 

all  cities  in  the  State  of  Indiana  where  boards  of  school  commissioners  hi 
been  elected  and  are  managing  the  school  affairs  of  said  city  under  an  act 
the  general  assembly  of  the  State  of  Indiana,  entitled  "An  act  providing 
a  general  system  of  common  schools  in  'all  cities  of  thirty  thousand  or  m< 
inhabitants,  and  for  the  election  of  a  board  of  school  commissioners  for  si 
cities,  and  defining  their  duties  and  prescribing  their  powers  and  provi< 
for  common  school  libraries  within  such  cities,"  approved  March  3,  181 
and  the  various  acts  of  the  general  assembly  amendatory  thereof  and  si 
plemental  thereto,  and  in  all  cities  in  the  State  of  Indiana  of  15,000  or  me 
inhabitants,  where  boards  of  school  trustees  have  been  elected  and  qualil 
under  an  act  of  the  general  assembly  of  the  State  of  Indiana,  entitled, 
act  to  amend  section  1  of  an  act  entitled  'An  act  to  amend  an  act  entitle 
An  act  to  provide  for  a  general  system  of  common  schools,  the  officers  thei 
and  their  respective  powers  and  duties,  and  matters  properly  conned 
therewith,  and  prescribing  the  fees  for  certain  officers  therein  named,  and 
the  establishment  and  regulation  of  township  libraries,  and  to  repeal  all 


SCHOOL    LAWS    OF    INDIANA  331 

iistent  therewith,  providing  penalties  therein  proscribed,  approved 
Mar  i  6,  1865,  and  adding  supplemental  sections  thereto.'  approved  March 
8,  1V73,"  (approved  March  12,  1875),  being  section  4-i:ili  of  tin-  n 
stati.  ;es  of  1881,  such  board  of  school  commissioners  be  and  they  are  hereby 
autli  Tized  and  empowered  to  issue  bonds  in  any  sum  no*  exceeding  out-  hun- 
dred thousand  dollars,  for  the  purpose  of  erecting  buildings  for  library  and 
echo  1  offices  to  be  used  in  connection  with  the  common  schools  of  said  city. 
SIK-I  bonds  to  bear  interest  not  exceeding  five  per  cent,  per  annum  payable 

I  afte?  eleven  years  from  the  date  thereof  and  within  twenty  years  from  the 
date  thereof,  as  follows,  to  wit:  One-tenth  thereof  to  be  paid  eleven  years 
fron  date,  and  one-tenth  thereof  to  be  paid  each  succeeding  year  until  all 
are  aid;  the  money  obtained  from  the  sale  of  such  bonds  shall  be  disbursed 
by  lid  board  of  school  commissioners  and  said  board  of  school  trustees, 

.  resp  -ctively,  in  the  erection  of  a  building  for  the  library  and  school  offices 
to  1  •  used  in  connection  with  the  common  schools  of  said  city.  Such  bonds 
shaJ  be  designated  "library  building  bonds,"  and  may  be  issued  in  such 
den  minations,  and  in  such  sums  from  time  to  time  as  the  board  of  school 
con  nissioners,  or  the  board  of  school  trustees,  respectively,  may  deem  ex- 
ped  ent;  and  each  of  said  bonds  shall  upon  its  face  designate  the  date  of  the 
mal  irity  thereof:  Provided,  That  at  no  time  shall  the  amount  of  bonds  so 
issu  *1  for  such  purpose  by  any  such  board  of  school  commissioners  exceed 
tin  sum  of  one  hundred  thousand  dollars;  and  that  said  board  of  school 
con  missioners,  or  said  board  of  school  trustees,  shall  have  no  power  to  issue 
any  renewal  thereof,  but  the  same  shall  be  paid  at  maturity  as  hereinafter 
pro  ided:  And,  provided  further,  That  such  bonds  shall  not  be  sold  for  less 
tha  i  their  par  value. 

379.  I'a\ni«'iit  of  Bonds.  2.  ft  the  board  of  school  commissioners, 
or  ihe  board  of  school  trustees,  in  any  city  shall  exercise  the  powers  granted 
to  it  by  this  act.  it  shall  provide  for  the  payment  of  said  bonds  as  follows: 
At  he  time  of  the  levying  of  the  taxes  for  the  year  which  shall  be  collectable 
inn  icdiately  before  the  maturity  of  the  first  maturing  of  said  bonds,  said 
borrd  of  school  commissioners  and  said  board  of  school  trustees,  respectively, 
shull  levy,  in  addition  to  the  levy  of  taxes  they  may  be  authorized  to  make  for 
oil  er  purposes,  a  tax  upon  all  property  subject  to  taxation  by  it  sufficient  to 
pay  the  tirst  maturing  of  such  bonds,  and  apply  the  money  raised  thereby 
to  the  payment  thereof;  and  each  year  thereafter  said  board  of  school  com- 
mi-.sioiH-rs  and  said  board  of  school  trustees,  respectively,  shall  levy  such  tax, 
and  apply  the  proceeds  thereof  to  the  payment  of  the  bonds  successi\ely 
in;  luring  until  all  shall  have  been  paid. 

I'.in,  p.  isn.     Approved  March  3,  1011.] 

880.  T..u  us— Transfer  of  Property  to  Library  Board.  1.  Whenever 
th  •  town  board  of  any  town  -hall  heretofore  have  purchased  or  otherwise 
ac  jiiired  any  property  for  the  purpose  of  tran-tVrring  the  same  for  library 
pi  rposes  to  the  public  library  board  of  >u«-!i  town,  it  shall  be  lawful  for  sm-h 
board  to  transfer  >udi  property  to  the  public  library  board  and  for  the  public 
lil  rary  board  to  accept  such  property  for  library  purposes,  and  that 
property  >hall  tv\ert  to  the  town  board  whenever  it  ceases  to  be  be  used  for 
library  purposes. 


D 


332 


SCHOOL    LAWS    OF    INDIANA 


881.  Purchases  Legalized.     2.     All  purchases  of  property  heretofc 
made  by  town  boards  for  the  purpose  of  transferring  the  same  for  libi 
purposes  to  the  public  library  board  are  hereby  legalized  and  rendered  valic 

[Law  without  signature  of  Governor.    Acts  1917,  p.  110.] 

882.  County  Libraries — Maintenance  and  Control.     1.     That 
county  commissioners  of  any  county  in  which  there  is  no  free  public 
supported  library  in  any  city  or  town  may  establish  a  county  public  lib 
open  and  free  to  all  the  inhabitants  of  the  county,  and  levy  a  tax  of  not  Ic 
than  one-tenth  of  a  mill  nor  more  than  one  mill  (1)  on  the  dollar  on  all  taxabl 
property  assessed  for  taxation  in  such  county:    and  on  written  petition 
twenty-five  (25)  resident  freeholders  of  each  township  in  the  county 
already  taxed  for  library  purposes  shall  establish  such  library  and  levy  su( 
tax.     Such  petition  shall  be  filed  with  the  clerk  of  the  circuit  court  and 
attested  copy  of  such  petition  shall  be  filed  with  the  board  of  county  comi 
sioners.    Within  five  (5)  days  after  a  tax  for  such  library  has  been  levied 
any  county,  or  such  petition  has  been  filed,  the  clerk  of  the  circuit  court 
such  county  shall  notify  the  judge  of  the  circuit  court,  the  county  superii 
tendent  of  schools,  and  the  board  of  county  commissioners  of  such   actioi 
Within  ten  (10)  days  after  these  notices  have  been  sent  to  the  appointees,  tl 
county  commissioners  shall  appoint  two  (2)  members,  one  (1)  of  whom  sh* 
be  a  woman,  to  the  county  public  library  board  for  a  term  of  one  (1)  year; 
the  county  superintendent  of  schools  shall  appoint  two  (2)  members,  one(l) 
of  whom  shall  be  a  woman,  for  two  (2)  years,  and  the  judge  of  the  circuit 
court  shall  appoint  three  (3)  members  one  (1)  of  whom  shall  be  a  woman,  one 
(1)  for  one  (1s)  year,  one  (1)  for  two  (2)  years,  and  one  (1)  for  three  (3)  years. 
Not  more  than  two  (2)  of  the  appointees  shall  reside  in  any  one  (1)  township. 
The  terms  of  office  of  all  persons  first  appointed  under  this  act  shall  continue 
until  January  15th  following  the  date  of  their  expiration  as  provided  in  this 
act  and  thereafter  all  appointments  shall  take  effect  on  January  15th.    Al 
members  of  such  public  library  board  appointed  as  herein  provided  sh* 
serve  until  their  successors  are  appointed  and  qualified.     The  appointii 
officer  or  officers  in  making  the  appointments,  shall  select  persons  of  wel 
known  probity,  integrity,  business  ability  and  experience,  and  who  are  fitte( 
for  the  character  of  the  work  they  are  to  perform,  and  who  shall  have  resi< 
ed  for  a  period  of  not  less  than  one  (1)  year,  immediately  preceding  theii 
appointment,  in  the  county  for  which  they  are  appointed,  and  who  shall  no1 
be  less  than  twenty-five  (25)  years  of  age  at  the  time  of  appointment,  anc 
who  shall  serve  without  compensation  for  service.     In  case  of  vacancy  01 
such  board  from  any  cause,  it  shall  be  the  duty  of  the  officer  or  board  makii 
such  appointment  to  fill  such  vacancy  occurring  in  the  membership  appointee 
by  each  respectively. 

883.  Board  Members — Certificate — Oath.  2.  All  appointments 
membership  on  the  county  library  board  shall  be  evidenced  by  certificates  of 
appointment,  duly  signed  by.  the  officer  or  the  clerk  or  secretary  of  the  boai 
making  the  appointment,  and  delivered  to  the  appointee.  Within  ten  (10) 
days  after  receiving  such  certificate  such  appointee  shall  qualify  by  takii 
an  oath  before  some  officer  authorized  to  Administer  oaths,  that  such  appointee 
will  faithfully  discharge  the  duties  as  a  member  of  the  public  library 


SCHOOL    LAWS    OF    INDIANA  333 

to  the  best  of  his  ability;  and  he  shall  file  such  certificate,  with  the  oath 
en  lorsed  thereon,  with  the  clerk  of  the  circuit  court  of  the  county  in  which 
sii  h  library  is  to  be  established.  Such  clerk  shall  thereupon  make  a  record 
of  mch  appointment  and  the  term  thereof. 

884.  Organization — Powers  and  Duties — Funds.  3.  The  members 
a]  jointed  as  in  this  act  provided,  shall  constitute  and  be  known  as  the  county 
lil  rary  board.  They  shall  meet  within  ten  (10)  days  of  their  appointment 
ai  d  shall  organize  by  electing  a  president,  a  vice-president  and  a  secretary. 
T  ,ey  shall  have  control  and  disbursement  of  the  public  funds  for  the  use  of 
tl  •  library  from  whatever  source  derived,  and  the  custody  and  control  of 
ai  the  books  and  other  property  of  every  name  and  description,  and  shall 
h  ve  the  power  to  purchase  books,  pamphlets,  periodicals  and  other  material 
a  d  all  necessary  equipment,  furniture  and  supplies,  and  direct  all  the  affairs 

0  such  county  public  library;  and  such  library  board,  in  the  name  of  the 
li  >rary,  shall  be  empowered  to  receive  donations,  bequests  and  legacies,  and 
t'    purchase,  receive,  sell,  and  convey  real  estate  and  personal  property  for 
a  id  on  behalf  of  such  library.    They  shall  have  the  power  to  make  and  en- 
f«  rce  rules  for  the  management  of  such  libraries  as  they  may  deem  necessary, 
e  nploy  librarians,  assistants,  janitors,  and  other  employes,  require  official 

1  mds,  establish  branches  and  deposit  stations,  issue  or  sell  cert  ficates  or 
1  brary  cards  to  non-residents,  pay  the  expenses  of  delegates  to  library  meet- 
i  igs  and  do  all  things  necessary  to  promote  the  interests  of  the  library. 

All  county  library  money  shall  be  held  by  the  county  treasurer  and  kept 
c  3  a  separate  fund  and  deposited  in  the  public  depositories  and  all  interest 
i  ccruing  thereon  shall  be  credited  to  the  library  fund:  Provided,  That  the 
1  brary  board  may  invest  any  gift,  bequest,  or  devise  in  interest-bearing 
securities.  Such  treasurer  shall  pay  out  library  funds  for  library  purposes 
<  nly  upon  the  warrant  of  the  president  of  the  library  board,  countersigned  by 
1  he  secretary  thereof;  and  the  president  and  secretary  shall  issue  such  warrant 
• -illy  upon  itemized  vouchers  which  shall  be  accompanied  by  itemized  bills, 
j.nd  which  shall  be  certified  as  to  correctness  by  the  chairman  of  the  finance 
committee  of  the  library  board  and  signed  and  sworn  to  by  the  librarian. 
The  oath  required  may  be  administered  by  the  secretary  of  the  board  and 
shall  be  administered  without  charge.  The  treasurer  of  such  county  shall 
36  liable  on  his  official  bond  for  the  faithful  performance  of  the  duties  im- 
posed upon  him  by  this  act. 

In  any  county  in  which  there  now  exists  a  county  library  fund,  such  fund 
shall  become  available  for  library  purposes  as  soon  as  the  county  library 
board  is  organized  as  above  required. 

885.  County  May  Aid  City  Library— Conditions.  4.  Whenever  the 
library  board  of  any  public  1  brary  established  in  any  city  or  incorporated 
town  in  this  state  shall  fil"  notice  with  the  board  of  county  commissioners  of 
the  county  in  which  such  lil. rary  is  located,  of  consent  of  such  library  board 
to  make  such  library  open  and  free  to  all  the  people  of  said  count y  not 
already  having  free  library  privileges,  on  the  condition  of  tin-  said  county 
contributing  to  the  support  of  such  public  library,  such  board  of  county  com- 
missioners may,  and,  upon  petition  of  twenty-five  (25)  resident  freeholders 
of  each  township  in  the  county,  not  already  taxed,  for  public  library  purposes, 
make  an  annual  appropriation  and  levy  a  tax  of  not  less  than  one-tenth 


334  SCHOOL   LAWS    OF   INDIANA 

of  a  mill,  and  not  more  than  one  (1)  mill  on  each  dollar  of  taxable  property 
in  said  county,  including  the  property  of  any  city  or  incorporated  town  in 
the  county,  not  already  taxed  for  public  library  purposes  and  the  county 
treasurer  shall  collect  and  pay  the  same  to  the  treasurer  of  such  city  or  town 
where  such  library  is  located  to  be  held  a  part  of  the  library  fund  and  to  be 
paid  out  in  the  same  manner  as  other  library  funds.  Said  tax  shall  be  con- 
tinued so  long  as  ten  per  cent  (10%)  of  the  inhabitants  of  said  county  outside 
the  limits  of  said  city  or  town  are  found  to  be  users  of  said  library,  or  when 
less  than  ten  per  cent  (10%)  of  the  inhabitants  shall  use  the  said  library, 
the  board  of  county  commissioners  may,  at  its  discretioii,  continue  the  tax 
herein  specified. 

886.  Board,  Appointment  of — Qualifications.     5.     If  the  board  of 
county  commissioners  shall  levy  a  tax  for  library  purposes  as  provided  in 
section  four  (4)  of  this  act  and  pay  the  same  over  to  the  treasurer  of  such  city 
or  town  where  such  library  is  located,  then  such  county  commissioners  shall 
within  ten  (10)  days  appoint  two  (2)  persons,  one  of  whom  shall  be  a  woman, 
residing  in  some  part  of  said  county  which  is  contributing  a  tax  for  the  sup- 
port of  the  county  library,  outside  the  limits  of  the  city  or  town  in  which  such 
library  is  located,  not  otherwise  appointed,  as  members  of  said  public  library 
board,  who  shall  become  members  of  such  county  library  board  and  such 
appointment  shall  be  for  a  period  of  two  (2)  years,  and  the  county    superin- 
tendent of  schools  also  shall  appoint  two  (2)  such  members  with  qualifications 
as  above  provided  for  a  period  of  one  (1)  year  and  three  (3)  years  respectively. 
The  members  so  appointed  shall  have  the  same  qualifications  and  equal 
authority  with  other  members  of  the  public  library  board  in  the  levying  and 
expending  of  all  county  taxes  and  in  the  maintaining  of  library  service  to  the 
inhabitants  of  the  county  outside  the  city  in  which  the  library  is  situated. 

887.  Tax  Levy,  How  Made.    6.    It  shall  be  the  duty  of  the  county 
library  board  as  organized  under  any  section  of  this  act,  to  determine  annually 
the  rate  of  taxation  that  shall  be  necessary  to  establish,  increase,  equip  and 
maintain  the  public  library  and  certify  the  same  to  the  board  of  county  com- 
missioners and  to  the  county  auditor:    Provided,  That  said  levy  shall  be  not 
less  than  five-tenths  of  a  mill  and  not  more  than  one  (1)  mill  on  each  dollar 
of  all  the  taxable  property  assessed  for  taxation  in  such  county,  city,  town  or 
township,  as  shoWn  by  the  tax  duplicate  for  the  year  immediately  preceding 
the  fixing  of  such  levy.    When  the  levy  for  such  public  library  purposes  shall 
be  certified  to  the  board  of  county  commissioners,  and  the  county  auditor, 
by  the  county  library  board,  the  same  shall  be  placed  upon  the  tax  duplicate 
of  such  county,  and  collected  in  like  manner  as  other  county  taxes  are  levied 
and  collected. 

888.  Combination  of  City  and  County  Libraries.    7.    In  any  county 
in  this  state  in  which  there  shall  hereafter  be  established  a  county  library, 
the  library  board  of  any  existing  public  library  in  any  incorporated  town  or 
city,  or  of  any  township  or  townships  or  any  combination  thereof,  may,  with 
the  consent  of  the  county  library  board,  pay  over  to  the  county  library  board 
the  income  from  any  or  all  sources  on  the  condition  that  said  county  library 
board  shall  have  full  power  in  the  management  of  and  shall  maintain  such 
city  or  town  or  township  library  as  a  branch  of  the  county  library  and  that 


SCHOOL    LAWS    OF    INDIAN  \ 


335 


tl  3  inhabitants  of  such  city,  town,  township,  or  townships  shall  have  all 
tl  3  privileges  of  said  county  library ;  and  that  such  library  shall  remain  a 
p  rt  of  such  county  library  as  long  as  ten  per  cent  (10%)  of  the  inhabitants  of 
si  eh  city,  town,  township,  or  townships  shall  be  users  of  the  county  library 
ti  rough  said  branch. 

889.  Liability  of  Commissioners  and  Board.  8.  If  any  board  of 
c  unty  commissioners  or  any  board  contributing  to  said  library  shall  fail  or 
r  fuse  to  levy  the  library  tax  provided  for  herein,  the  members  of  such  board 
s  tall  become  jointly  and  severally  liable  for  the  amount  such  levy  would 
I  'oduce  on  the  assessment  of  such  county  if  fully  collected,  and  the  same 
s  utll  1  e  recovered  from. them  in  suit  by  any  taxpayer  of  such  county  on  behalf 
(  '  the  treasurer  thereof,  and  shall  be  included  in  the  funds  of  such  library  in 
1  eu  of  such  law. 


336 


SCHOOL    LAWS    OF    INDIANA 


CHAPTER  XXXIII. 
PUBLIC   DEPOSITORIES. 


SEC. 

890.  Public  officers— rCash  book. 

891.  State  officers — Payments  to  treas- 

urer. 

892.  Institutions,     boards,     etc. — Pay- 

ments to  treasurer. 

893.  Fees — Salary — Treasurer. 

894.  State  board  of  finance. 

895 .  County  board  of  finance. 

896.  Compensation. 

897.  Cities  and  towns — Board  of  finance. 

898.  Schools    and    township    board    of 

finance. 

899.  Depository   deposits — Treasurers. 

900.  Requirements   as  to   depository — 

Bonds. 

901.  Other  forms  of  security. 

902.  Surety    disapproved — Court    deci- 

sion. 

903.  Funds — Inviting   proposals   to   re- 

ceive— Notice. 


SEC. 

904.  Proposals     for      funds — Interest — 

Surety. 

905.  Creation    of    depository — Revoca- 

tion— Appeal. 

906.  Selecting     state     depositories — Fi- 

nance boards — Record. 

907.  Title    to    securities — Record — De- 

fault— Sale. 

908.  State  institution   deposits — Treas- 

urers' settlement. 

909.  Monthly  statement  by  depositories 

— Checks. 

910.  Published  reports —  Auditor's  pow- 

ers. 

911.  Selection     without     advertising — 

Outside  of  county. 

912.  Daily     deposits — Embezzlement — 

Penalties. 

913.  Official  liability — Exemption. 


[Acts  1907,  p.  391.    Approved  March  9,  1907.] 

890.  Public  Officers— Cash  Book.     1.     It  shall  be  the  duty  of  every 
public  officer  in  this  state  who  receives  or  disburses  public  funds,  to  keep  a 
cash  book  wherein  there  shall  be  daily  entered,  by  item,  all  receipts  of  public 
funds,  which  cash  book  shall  be  daily  balanced,  showing  funds  on  hand  at 
the  close  of  each  day:      Provided,  Said  cash  book  shall  be  a  public  record 
and  open  to  public  inspection.     (§7522.) 

891.  State  Officers — Payments  to  Treasurer.     2.     After  thirty  (30) 
days  from  the  taking  effect  of  this  act,  all  funds  shall  be  paid  into  the  state 
treasury  by  each  state  official  handling  public  funds,  and  an  itemized  state- 
ment thereof  shall  be  kept  by  said  state  official  as  provided  for  in  section  1, 
and  said  state  official  shall  make  quarterly  settlements  with  the  auditor  of 
state  of  such  funds  paid  into  the  treasury,  as  provided  for  in  this  act.     ( §7523.) 

892.  Institutions,  Boards,  etc. — Payments  to    Treasurer.     3.      It 

shall  be  the  duty  of  the  state  board  of  medical  registration  and  examination, 
the  Indiana  board  of  pharmacy,  the  several  boards  of  trustees  of  the  several 
hospitals  for  the  insane,  the  board  of  trustees  of  the  Indiana  state  school  for 
the  deaf,  the  board  of  trustees  of  the  Indiana  school  for  the  blind,  the  board 
of  trustees  of  the  Indiana  school  for  feeble-minded  youth,  the  board  of 
trustees  of  the  Indiana  soldiers'  and  sailors'  orphans'  home,  the  board  of 
trustees  of  the  Indiana  state  soldiers'  home,  the  board  of  trustees  of  the 
Indiana  state  prison,  the  board  of  trustees  of  the  Indiana  reformatory,  the 
board  of  trustees  of  the  Indiana  boys'  school,  the  board  of  trustees  of  the 
Indiana  girls'  school,  the  board  of  trustees  of  the  Indiana  women's  prison,  the 


SCHOOL    LAWS    OF    INDIANA  337 


bo.  rd  of  trustees  of  the  Indiana  village  for  epileptics,  the  board  of  trustees  of 
th<  hospital  for  treatment  of  tuberculosis,  the  board  of  control  of  the  State 
sol  liers'  and  sailors'  monument,  or  the  secretary,  superintendent,  or  other 
pe  son  having  charge  of  such  institutions,  boards,  schools  or  offices,  on  the 
fir  t  Monday  in  each  month  to  pay  into  the  state  treasury  all  funds  in  their 
po  session  due  the  state  from  receipts  and  earnings:  Provided,  That  this 
se  tion  shall  not  prevent  the  several  boards  and  persons  named  herein  having 
co  itrol  of  state  funds  from  keeping  on  hand  such  working  balance  as  may  be 
di  ected  by  the  dtate  board  of  finance  provided  for  herein.  (§7524. 

893.  Fees — Salary— Treasurer.     4.     In  all  cases  where  it  is  now  pro- 
vi  led  by  law  that  any  state  officer,  board,  body  or  department,  shall  collect 
si  y  fee  for  any  service  rendered,  or  examination  had,  and  appropriate  the  fee 
S(  collected  to  pay  the  salary,  per  diem,  or  the  expenses  of  any  state  officer, 
b<  ard,  body  or  department  for  rendering  service  or  making  examination, 
si  ch  fees  shall  be  by  such  officer,  board,  body  or  department,  paid  into  the 
si  ite  treasury  as  provided  for  in  this  act,  and  the  salary,  per  diem  and  ex- 
p  nses  on  account  of  such  services,  shall  be  paid  out  of  the  state  treasury 
u  )on  an  account  duly  filed  and  approved  as  is  now  provided  by  law.     Such 
si  lary,  per  diem  and  expenses,  however,  shall  not  be  in  excees  of  the  fees  so 
C"llected  and  turned  into  the  state  treasury  unless  otherwise  specifically 
p-ovided.     (§7525.) 

894.  State  Board  of  Finance.      5.     The  Governor  of  the  state,  the 
a  iditor  of  state,  and  the  treasurer  of  state  shall  constitute  a  state  board  of 
finance,  and  shall  have  advisory  supervision  of  the  safe-keeping  of  all  funds 
oming  into  the  state  treasury,  and  all  other  funds  belonging  to  the  state 
coming  into  the  possession  of  any  state  board,  officer  or  state  institution. 
Such  board  of  finance  shall  have  supervision  of  all  the  fiscal  affairs  of  the 
state,  including  the  state  sinking  funds.     Such  state  board  of  finance  shall 
i  leet  immediately  after  the  taking  effect  of  this  act,  in  the  office  of  the  auditor 
c  f  state,  and  organize  by  electing  from  their  membership  a  president.     The 
t  uditor  of  state  shall  be  the  secretary  of  said  board  of  finance.     The  proceed- 
ings of  such  board  shall  be  entered  at  length  in  a  record  to  be  provided  for 
1  hat  purpose,  and  be  approved  and  signed  by  the  president  of  the  board,  and 
attested  by  the  secretary.     Such  board  of  finance  shall  hold  sessions  whenever 
Jiecessary  to  discharge  its  duties.     Its  sessions  shall  be  public,  and  its  records 
shall  be  kept  in  the  office  of  the  auditor  of  state  and  be  subject  to  public  in- 
spection.    The  president  of  said  board  shall  convene  such  board  whenever 
"equested  so  to  do  by  one  of  its  members,  or  whenever  necessary  to  the  per- 
'ormance  of  its  duties.     Such  board  may  sue,  and  be  sued  in  its  name,  in  any 
action,  and  in  any  court  having  jurisdiction,  whenever  necessary  to  accomplish 
the  purposes  of  this  act.     The  treasurer  of  state  shall  be  required  to  execute 
a  bond  with  good  and  sufficient  surety  to  be  approved  by  the  Governor  and 
auditor  of  state,  which  bond  shall  be  in  an  amount  to  be  fixed  by  said  Governor 
and  auditor,  not  to  exceed  double  the  amount  such  treasurer  may  have  in 
his  hands  and  under  his  control,  and  conditioned  upon  the  faithful  perform- 
ance of  his  duties  as  such  treasurer  and  shall  be  in  lieu  of  the  bond  now  re- 
quired by  law.     (§7526.) 

8554—22 


338  SCHOOL    LAWS    OF    INDIANA 

895.  County  Board  of  Finance.     6.     The  board  of  county  commis- 
sioners in  each  county  in  the  state  shall  constitute  a  county  board  of  finance. 
The  members  of  such  county  board  of  finance  shall  immediately  after  the 
taking  effect  of  this  act,  meet  in  the  room  of  the  board  of  county  commis- 
sioners in  the  court  house.     The  county  auditor  shall  be  the  secretary  of 
such  county  board  of  finance  and  a  record  of  its  proceedings  shall  be  made. 
The  meetings  of  such  board  shall  be  public  and  its  records  open  to  inspection, 
such  board  may  sue  and  be  sued  in  its  name,  in  any  action,  and  in  any  court 
having  jurisdiction  whenever  necessary  to  accomplish  the  purposes  of  this 
act:      Provided,  That  in  all  counties  in  which  the  county  treasurer  is  ex 
officio  treasurer  of  the  city  which  is  the  county  seat  of  such  county,  and  is 
ex  officio  treasurer  of  the  school  city  or  board  of  school  commissioners  of 
such  county  seat  city,  the  county  board  of  finance  shall  consist  of  the  board 
of  commissioners  of  such  county,  the  mayor  and  comptroller  (if  any)  and  the 
chief  executive  officer  of  such  school  city  or  such  board  ef  school  commission- 
ers of  such  county  seat  city.     The  auditor  of  such  county  shall  act  as  secretary 
of  such  board  and  in  case  of  a  tie  shall  cast  the  deciding  vote.     The  mayor 
shall  preside  but  shall  have  the  power  to  vote  on  all  questions.     When  there 
is  no  comptroller  in  such  city,  such  board  shall  consist  of  the  other  named 
officers  as  above  set  forth.     In  such  counties  such  county  board  of  finance 
shall  be  and  is  hereby  constituted  the  board  of  finance  to  have  charge  and 
control  under  this  act  of  the  county  funds,  also  of  the  funds  of  such  county 
seat  city,  also  of  the  funds  of  such  school  city  or  board  of  school  commission- 
ers in  such  county  seat  city.     (§7527.) 

896.  Compensation.      7.     The    county    auditor    shall   be  paid    fifty 
dollars  ($50.00)  per  annum  in  addition  to  his  regular  salary,  on  account  of 
the  additional  services  required  of  him  by  this  act,  to  be  allowed  by  said  board 
and  to  be  paid  out  of  the  county  treasury.     The  other  members  of  the  county 
board  of  finance  shall  serve  without  compensation  other  than  their  salary 
as  county  commissioners.     Such  board  shall  hold  meetings  whenever  neces- 
sary in  the  discharge  of  its  duties  as  such,  and  the  county  auditor  shall  convene 
such  board  whenever  reason  therefor  exists  or  when  requested  so  to  do  by  one 
of  its  members.     Said  county  board  of  finance  shall  have  advisory  supervi- 
sion of  the  deposit  of  public  funds  of  the  county  treasury  as  provided  for  in 
this   act.     (§7528.) 

897.  Cities   and  Towns — Board  of  Finance.     8.     The  mayor  and 
common  council  of  each  city,  except  such  county  seat  cities  as  are  mentioned 
in  section  6  hereof,  and  the  board  of  trustees  of  the  several  towns  in  this  state, 
for  the  purposes  of  this  act,  shall  be  constituted  boards  of  finance  of  such 
cities  and  towns  respectively.     The  city  clerk  in  each  city,  and  the  town 
clerk  in  each  town,  shall  act  as  secretary  of  his  respective  board  of  finance: 
Provided,  That  in  cities  having  a  comptroller,  said  comptroller  shall  be  the 
secretary  of  said  board  of  finance.     The  city  and  town  boards  of  finance 
shall  meet  immediately  after  the  taking  effect  of  this  act,  and  organize  by 
electing  a  president  of  their  respective  boards,  and  a  record  thereof  shall  be 
made  of  their  action.      Said  meetings  shall  be  held  at  the  usual  place  of 
holding  meetings  of  the  said  city  councils  and  town  boards,  which  meeting 
shall  be  open  to  the  public,  and  the  record  at  all  times,  open  to  inspection. 
Such  city  and  town  boards  of  finance  may  sue  and  be  sued  in  their  names, 


SCHOOL    LAWS    OF    INDIANA  339 

as  ;uch,  in  any  action,  and  in  any  court  having  jurisdiction,  whenever  neces- 
sa-  7  to  accomplish  the  purposes  of  this  act.  The  members  of  such  boards 
sh  11  serve  without  compensation,  other  than  the  salaries  now  allowed  by 
la  "  for  their  services  as  officers  for  said  cities  and  towns.  Such  boards 
sh  Jl  hold  meetings  whenever  necessary  to  the  discharge  of  their  duties,  and 
th  •!  secretaries  thereof  shall  convene  the  same  when  requested  so  to  do  by 
ai  /  member  of  said  board.  Such  boards  of  finance  shall  have  advisory  sup- 
er ision  of  the  safe-keeping  and  deposit  of  the  public  funds  of  their  respect  i\  e 
cries  and  towns.  (§7529.) 

898.  School  and  Township  Board  of  Finance.     9.     The  boards  of 
s(  100!  commissioners  of  each  school  city  in  this  state,  having  such,  and  the 
b  ard  of  school  trustee  of  each  city  in  this  state,  having  such,  except  those 
ii  such  county  seat  cities  as  are  mentioned  in  section  6  hereof,  and  the  board  of 
s<  tiool  trustees  of  each  school  town  in  this  state,  and  the  advisory  board  of 
e  ch  township  in  this  state,  for  the  purposes  of  this  act  are  hereby  constituted 
a  board  of   finance  for  their  respective  corporation.     The  board  of  finance 

0  the  several  townships,  and  the  boards  of  finance  of  the  several  school  cities 
a  id  school  towns  of  this  state,  shall  meet  immediately  after  the  taking  effect  of 
t  ds  act,  at  their  usual  place  of  holding  meetings  in  then*  respective  cities, 
t  »wns  and  townships.     Said  meetings  shall  be  open  to  the  public,  and  records 
t  lereof  made,  and  each  board  shall  organize  by  electing  a  president  and  sec- 

1  'tnry  Prom  its  membership.     Such  several  boards  may  sue  and  be  sued  in 
1  ieir  names  as  such,  in  any  court  having  jurisdiction,  whenever  necessary 
t  :>  accomplish  the  purposes  of  this  act.     The  members  of  such  boards  shall 
serve  without  additional  compensation,  and  meetings  shall  be  held  whenever 
i  ecessary  in  the  discharge  of  their  duties.     Said  city  and  town  school  boards, 
;  nd  ad\  isory  boards  of  townships,  acting  as  boards  of  finance  for  their  respec- 
1  ive  school  cities  and  school  towns  and  townships,  shall  have  advisory  sup- 
<  rvision  of  the  safekeeping  and  deposit  of  all  public  funds  belonging  to  such 
-chool  cities,  school  towns  and  to  such  townships  and  the  several  school 

ownships.     (§7530.) 

899.  Depository  Deposits — Treasurers.     10.     Immediately  after  the 
organization  of  said  several  boards  of  finance  and  the  designation  by  them  of 
public  depositories,  as  by  this  act  provided,  the  treasurer  of  state,  the  several 
county  treasurers,  the  several  city  treasurers,  the  several  town  treasurers, 
the  several  treasurers  of  the  board  of  school  commissioners  of  the  several 
school  cities,  the  several  treasurers  of  board  of  school  trustees  of  school  cities, 
the  several  treasurers  of  the  boards  of  trustees  of  school  towns  and  the  several 
township  trustees,  who  receive,  or  have  on  hand  any  public  funds  by  virtue 
of  such  office,  and  subject  to  deposit,  shall  make  deposit  of  such  funds  in 
the  depository  or  depositories  selected  by  said  boards  of  finance  respectively, 
and  tile  with  f  r-y  of  the  said  respective  boards  a  verified  state'ment 
of  tho  funds  deposited.     (§7531.) 

900.  Requirements     us     to     Depository — Bonds.      11.     No     public 
funds  shall  be  deposited  in  any  bank,  banking  institution  or  trust  company 
of  this  stat«'.  pursuant  to  the  provisions  of  this  act,  unless  such  institution 
is  subject  by  law  to  visitation  and  examination  by  the  comptroller  of  the  cur- 
rency for  the  United  States  government,  through  national  bank  examiners, 


n 


340  SCHOOL    LAWS    OF    INDIANA 

or  by  the  auditor  of  state  through  state  bank  examiners  and  until  such  de- 
pository has  presented  to  said  board  of  finance  a  personal  bond  executed 
by  not  less  than  seven  (7)  freeholders  of  the  State  of  Indiana,  as  security  in 
a  sum  equal  to  sixty  per  cent  [of]  the  maximum  amount  of  the  funds  to  be 
held  on  deposit  at  any  one  time,  or  has  presented  a  surety  company  bond  in 
a  sum  equal  to  one-half  the  amount  of  funds  to  be  so  held  at  any  one  time, 
said  bonds  to  be  approved  lay  the  said  respective  boards  of  finance.  (§7532, 
as  amended  1909,  p.  182.) 

901.  Other  Forms  of  Security.     12.     The  several  banks  and  trust 
companies  may,  in  lieu  of  a  personal  or  surety  company  bond  provided  for 
in  section  11  hereof,  be  designated  as  depositories  upon  their  delivery  to  the 
state  board  of  finance,  or  to  the  several  boards  of  finance  of  counties,  cities, 
towns,  school  cities  and  school  towns,  and  townships,  the  bonds  of  any 
county  of  this  state,  or  issued  by  any  county  of  this  state  for  the  improvement 
of  roads,  bonds  of  the  United  States,  or  bonds  of  the  State  of  Indiana,  for 
the  full  face  value  equal  to  one-half  of  the  maximum  amount  to  be  deposited 
in  any  bank  or  trust  company,  which  bonds  shall  be  deposited  with,  and  held 
by  the  auditor  of  state,  or  by  the  respective  boards  of  finance  of  the  counties, 
cities,  towns,  school  cities,  school  towns,  and  townships  as  security  for  such 
deposits:     Provided,  That  before  such  national,  state,  or  county  bonds,  or 
other  form  of  security  are  accepted  by  the  several  boards  of  finance,  they 
shall  determine  the  value  and  validity  of  said  security  so  tendered:     Pro- 
vided, further,  That  any  bank  or  trust  company  may  furnish  the  securities 
provided  for  in  this  section  for  any  portion  of  the  maximum  amount  to  be 
deposited  in  it,  and  may  furnish  the  personal  or  surety  company  bond  pur- 
suant to  section  11  hereof,  for  the  remainder  of  such  maximum  amount. 
(§7533,  as  amended  1909,  p.  183.) 

902.  Surety   Disapproved — Court  Decision.      13.     If  any  board  of 
finance  fails  or  refuses  to  approve  the  bond  or  securities  of  any  such  bank 
or  trust  company,  the  same  may  be  presented  to  the  circuit  or  superior  court 
in  the  county,  or  the  judge  thereof  in  vacation,  which,  after  three  (3)  daj^s' 
notice  to  the  secretary  of  any  such  board  of  finance,  shall  proceed  to  hear  and 
determine  the  sufficiency  of  such  bond  or  security,  and  shall  approve  or  dis- 
approve the  same  as  the  facts  warrant.     Such  court  or  the  judge  thereof  in 
vacation  shall  also  investigate  the  financial  responsibility  of  any  such  bank 
or  trust  company  and  determine  its  fitness  to  be  designated  a  depository 
of  public  funds.     If  such  court  or  the  judge  thereof  in  vacation  approves 
said  bond  or  security,  and  finds  said  bank  or  trust  company  a  proper  institu- 
tion to  be  entrusted  with  such  funds,  said  bank  or  trust  company  shall  be 
declared  by  such  court  or  the  judge  thereof  in  vacation  a  public  depository. 
(§7534.) 

903.  Funds — Inviting  Proposals  to  Receive — Notice.     14.     Within 
twenty  (20)  days  before  the  time  set  for  the  meeting  of  said  several  boards 
of  finance,  the  secretaries  of  said  boards  of  finance  shall  mail  to  each  bank  or 
trust  company  of  their  respective  townships  or  counties  a  notice  which  shall 
invite  proposals,  to  be  filed  with  said  several  boards  of  finance  on  the  date 
mentioned  in  such  notice,  proposing  to  receive  public  funds  on   deposit  as 


SCHOOL    LAWS    OF    INDIANA  341 

I  rovided  for  in  this  act.     Such  notice  to  be  sent  by  registered  mail  and  the 
>  aceipt  received  for  such  letter  shall  be  filed  with  the  records  of  the  office 
f  said  secretary.     (§7535,  as  amended  1909,  p.  437.) 

904.  Proposals  for  Funds — Interest — Surety.  15.  Any  bank  or 
rust  company  subject  to  examination  by  state  or  national  authority  and 
laving  its  place  of  business  in  this  state,  and  doing  business  herein,  which 
hall  desire  to  receive  public  funds  of  the  state  on  deposit,  or  any  such  hank 
>r  trust  company  within  any  county,  desiring  to  receive  on  deposit  public 
'unds  of  the  county,  or  of  any  public  corporation  within  the  county  shall  file 
with  the  respective  board  of  finance  on  the  day  mentioned  in  such  notice 
provided  for  in  section  fourteen  hereof,  its  written  proposal  to  receive  a  maxi- 
mum sum  of  public  funds  on  deposit,  and  agree  to  pay  interest  on  daily  bal- 
aaoett,  at  the  rate  of  two  per  cent  (2%)  per  annum,  and  upon  semi-annual 
time  deposits,  two  and  a  half  per  cent  (2|%)  per  annum,  and  upon  annual 
time  deposits  three  per  cent  (3%)  per  annum:  Provided,  The  bond  or 
securities  required  in  sections  eleven  and  twelve  of  this  act  shall  be  filed  and 
deposited  within  five  (5)  days  after  notice  that  an  award  has  been  made, 
and  before  a  deposit  of  any  public  funds  under  said  award  shall  be  made: 
Provided  further,  That  all  interest  so  earned  shall  be  added  respectively  to 
the  tuition  fund  of  the  township,  general  fund  of  the  state,  city  and  town, 
county  fund  of  the  county,  and  to  the  tuition  fund  of  the  school  city  or  school 
town,  except  in  all  cases  interest  on  school  fund  shall  be  applied  to  tuition 
revenue:  Provided  further,  That  any  interest  derived  from  the  funds  of  a 
state  educational  institution,  shall  be  added  to  the  fund  from  which  it  is 
derived.  (§7536,  as  amended,  1909,  p.  437.) 

903.      Creation    of  Depository — Revocation — Appeal.         16.         The 

boards  of  finance  shall  meet  at  the  time  and  place  fixed  in  said  notice,  and  shall 
open  such  proposals  and  consider  the  same,  and  any  bank,  banks  or  trust  com- 
panies within  the  state  tendering  security  as  provided  for  in  this  act,  and 
agreeing  to  pay  the  interest  provided  herein,  shall  be  constituted  deposi- 
tories for  public  funds:  Provided,  That  the  commission  of  any  depository 
may  be  revoked  at  any  time,  and  an  immediate  accounting  and  settlement 
required  by  the  board  of  finance  under  which  it  operates  for  any  cause 
deemed  sufficient  by  such  board  of  finance.  Such  depository,  however,  shall 
have  the  same  right  of  appeal,  and  the  circuit  or  superior  court,  or  the  judge 
tln-r.  of  in  vacation,  the  same  jurisdiction  to  try  and  determine  the  case,  as 
provided  for  appeals  in  section  13  hereof.  (§7537.) 

906.      Selecting  State  Depositories — Finance  Boards — Record.      17. 

The  state  board  of  finance  shall  establish  and  declare  banks  and  trust  com- 
panies [depositories]  for  state  funds  with  reference  to  the  convenience  of 
officers  and  state  institutions  using  them.  When  any  board  of  finance  has 
established  a  depository  or  depositories  for  public  funds,  the  president  of  such 
board  of  finance  shall  approve  and  accept  said  bank,  banks  or  trust  companies 
as  depositories  for  public  funds,  and  the  secretary  thereof  shall  attest  said 
acceptance,  :md  thereupon  the  notice,  proposal,  bond  or  securities,  and  ac- 
ceptances. >h;ill  he  record.  (1  by  the  secretary  as  provided  therefor  in  a  book 
kept  for  that  purpose.  Such  boards  of  finance  in  the  acceptances  executed 
by  them  shall  fix  the  maximum  amount  of  funds  which  shall  at  any  tune  be 


SCHOOL    LAWS    OF    INDIANA 


placed  on  deposit  in  any  such  institution,  and  the  attorney-general,  upon 
the  approval  of  this  act,  shall  prepare  forms  of  proposals,  forms  of  bonds 
and  forms  of  acceptances  .which  shall  be  used  and  observed  by  the  several 
boards  of  finance,  in  the  execution  of  this  act.  The  first  designation  of  public 
depositories  pursuant  to  this  act,  shall  remain  effective  until  the  first  Monday 
in  January,  1909.  On  the  first  Monday  in  January,  1909,  and  biennially 
thereafter,  the  several  boards  of  finance  created  by  this  act  shall  designate 
public  depositories  for  the  ensuing  two  years  and  upon  the  terms  and  accord- 
ing to  the  regulations  prescribed  in  this  act,  and  after  notice  of  their  meeting 
shall  have  been  given  for  twenty  days  by  the  secretaries  thereof,  as  provided 
in  section  14  of  this  act.  (§7538.) 

907.  Title  to  Securities— Record— Default— Sale.  18.  The  title 
for  all  collateral  bonds  deposited  by  any  bank,  banks  or  trust  companies,  to 
secure  the  deposit  of  public  funds,  as  provided  in  this  act,  shall  vest  in  the 
board  of  finance  with  which  the  same  are  deposited,  for  the  use  and  benefit 
of  the  state,  [county],  city,  town,  township  or  school  corporation  whose 
funds  are  secured  thereby.  There  shall  be  entered  on  record  in  the  records 
of  such  boards  of  finance,  a  list  of  the  bonds  so  deposited,  the  date  of  deposit, 
and  the  date  of  release  and  surrender  of  the  bonds  so  deposited.  During 
the  time  that  such  bonds  are  so  deposited,  and  while  the  funds  that  secure 
them  remain  unpaid  and  unaccounted  for,  such  bonds  "so  deposited  shall  not 
be  negotiable  or  transferred  either  in  writing  or  by  delivery.  All  interest 
coupons  accruing  upon  any  such  bonds  while  on  deposit  shall  belong  to  and 
be  delivered  by  the  custodian  thereof  to  the  depository  depositing  the  same, 
provided  said  depository  is  not  in  default  in  any  of  the  public  funds.  If  a 
collateral  bond  matures  while  the  deposit  continues,  or  if  for  any  other  reason 
it  becomes  necessary  to  said  depository  to  withdraw  such  collateral  bond  or 
security,  the  depository  depositing  the  same  shall  be  entitled  to  withdraw 
any  such  collateral  bond,  substituting  therefor  other  collateral  bonds  to  the 
approval  of  said  board  of  finance.  In  case  any  depository  defaults  in  the 
payment  of  any  public  funds  so  deposited,  the  collateral  bonds  so  deposited 
shall  be  sold  at  public  sale  for  cash,  to  the  highest  bidder,  after  thirty  (30) 
days'  notice  of  the  time  and  place  and  terms  of  sale,  which  notice  shall  be 
given  by  publication  in  two  newspapers  of  the  county  where  the  sale  is  to 
take  place.  The  sale  of  said  collateral  bonds,  for  and  on  behalf  of  the  state 
board  of  finance,  shall  be  conducted  by  the  auditor  of  state;  for  and  on  behalf 
of  the  county  board  of  finance,  by  the  county  auditor;  for  and  on  behalf  of 
the  city,  by  the  mayor  and  common  council;  for  and  on  behalf  of  the  town 
boards  of  finance,  by  the  board  of  town  trustees;  for  and  on  behalf  of  the  town- 
ship board  of  finance  by  the  auditor  of  the  county;  for  and  on  behalf  of  school 
city  and  school  town  boards  of  finance,  by  the  trustees  of  such  city  or  town 
school  boards.  And  the  funds  realized  from  such  sale  shall  be  applied  to  the 
payment  of  the  expenses  of  the*  sale,  then  the  sum  due  from  such  depository, 
and  the  balance,  if  any,  shall  be  turned  over  to  such  depositoey.  The  title 
of  any  collateral  bonds  so  sold  shall  pass  by  delivery  of  said  board  of  finance 
to  the  purchaser,  and  a  record  of  such  sale  shall  be  made  by  the  secretary 
of  said  board  of  finance :  Provided,  That  if  the  collateral  bonds  shall  not  sell 
for  a  sum  sufficient  to  pay  the  amount  due  by  such  depository,  any  balance 
unpaid  shall  be  a  claim  against  the  assets  of  such  depository.  (§7539.) 


SCHOOL    LAWS    OF    INDIANA 


343 


te     Institution     Deposits — Treasurer's     Settlement.      19. 

The  state  board  of  finance  shall  arrange  for  the  deposit  of  all  state  funds  held 
by  state  schools  or  educational  institutions,  and  all  funds  held  by  any  state 
institutions  now  authorized  to  keep  public  funds  on  hands,  in  banks  or  trust 
companies,  convenient  to  said  officers  or  institutions,  and  said  deposits  shall 
be  made  in  accordance  with  the  provisions  of  this  act,  and  such  state  board  of 
finance  is  hereby  authorized  to  adopt  such  rules  and  regulations  concerning 
the  safe  keeping  and  deposit  of  such  state  funds  as  may  become  nec<-> 
to  accomplish  the  purpose  of  this  act.  That  in  all  settlements  made  by  the 
several  county  treasurers  of  the  state  with  the  treasurer  of  state  the  treasurer 
of  state  shall  accept  from  the  county  treasurers  certificates  of  deposit  issued 
by  any  authorized  depository  of  any  county  in  the  state  in  payment  of  any 
settlement  due  the  state  on  account  of  the  common  school  fund,  common  « 
school  tuition  fund  and  all  other  funds  levied  for  school  purposes  for  which 
settlement  is  required  with  the  treasurer  of  state,  collected  by  any  such 
county  treasurer  to  an  amount  approximately  equal  to  the  sum  of  money 
to  be  returned  to  any  such  county  by  the  state  on  account  of  the  common 
school  distribution,  which  certificate  of  deposit  shall  be  returned  to  the  county 
in  the  settlement  of  any  amount  due  such  county  on  account  of  such  distri- 
bution. (§540,  as  amended  1909,  p.  324.) 

909.  Monthly  Statement  by  Depositories— Checks.  20.  Each 
depository  in  this  state  having  public  funds  on  deposit  shall  furnish  to  the 
board  of  finance,  under  which  it  operates,  on  the  first  day  of  each  month, 
an  itemized  statement  of  the  public  funds  in  such  depository,  which  statement 
shall  be  filed  and  carefully  preserved  in  the  office  of  the  secretary  of  said  board 
of  finance,  and  all  sums  of  interest  accruing  on  the  funds  deposited  as  afore- 
said shall  be  credited  to  the  deposit  accounts  by  said  depository  on  the  first 
day  of  each  month  for  the  preceding  month,  and  the  auditor  of  state,  and  each 
county  auditor,  shall  charge  the  treasurers  respectively  with  the  amount  of 
such  interest  and  credit  the  same  to  the  state  or  county.  The  city  or  town 
board  of  finance,  school  city  or  school  town  board  of  finance,  and  the  town- 
ship board  of  finance,  shall  make  such  settlements  concerning  interest 
accruing  on  public  deposits  with  their  treasurers  and  trustees  under  such  rules 
and  regulations  as  they  may  adopt:  Provided,  That  all  checks  drawn  upon 
depositories  shall  be  signed  by  officers  authorized  to  sign  the  same  in  their 
official  capacity:  Provided,  further,  That  all  funds  paid  out  of  the  state 
treasury  shall  be  by  check  of  the  state  treasurer  upon  the  warrant  of  the 
auditor  of  state.  (§7541.) 


910.  Published  Reports — Auditor's  Powers.  22.  Every  national 
banking  corporation  designated  as  a  depository  under  the  provisions  of  this 
act  having  public  funds  on  deposit  as  such,  is  hereby  required  to  submit 
to  the  state  bank  examiner  for  examination,  and  to  submit  any  published 
report  or  reports  made  to  the  comptroller  of  the  currency  relating  to  the  finan- 
cial condition  of  such  association.  The  auditor  of  state  may  call  for  reports 
from  any  depository  designated  as  such  by  any  such  board  of  finance  whenever 
in  his  judgment  the  same  is  in  order  to  obtain  full  and  complete 

knowledge  of  the  condition  of  the  public  funds  therein  deposited.     (§7543.) 


344 


SCHOOL   LAWS    OF    INDIANA 


911.  Selection    Without    Advertising — Outside    of    County.     23. 

That  in  counties  where  only  bank  or  trust  company  is  located,  the  board 
of  finance  shall  designate  such  bank  or  trust  company  a  depository  without 
advertising:  Provided,  Such  bank  or  trust  company  agrees  to  pay  interest 
at  the  rates  as  provided  for  in  this  act,  and  give  security  as  herein  provided: 
Provided  further,  That  in  counties  where  there  is  no  bank  or  trust  co  pany, 
or  where  no  bank  or  trust  company  offers  to  accept  public  funds  on  deposit 
and  comply  with  the  requirements  of  this  act,  the  board  may  designate  some 
bank,  banks  or  trust  companies  outside  of  such  county,  and  within  the  state, 
as  such  depository  or  depositories.  (§7544.) 

912.  Daily   Deposits— Embezzlement— Penalties.     24.     All   public 
funds  paid  into  the  treasury  of  the  state,  counties,  cities  and  towns  and  school 
cities  and  school  towns  shall  be  deposited  daily  in  one  or  more  designated 
depositories  in  the  name  of  the  state,  county,  municipality,  or  school  cor- 
poration by  the  officer  having  control  thereof,  except  that  the  public  funds 
collected  by  the  secretary  of  state,  auditor  of  state,  attorney-general,  clerk 
of  the  supreme  court,  chief  oil  inspector,  commissioner  of  fisheries  and  game, 
or  any  state  officer  or  board  having  an  office  in  the  state  capitol  building 
other  than  the  treasurer  of  state,  shall  be  deposited  with  the  treasurer  of 
state;  all  such  state  funds  to  be  deposited  on  the  day  following  the  collection 
thereof,  and  the  funds  collected  by  the  township  trustee  to  be  deposited  in 
the  public  depository  provided  therefor,  on  or  before  the  first  and  fifteenth 
days  of  each  month:     Provided,  That  all  taxes  collected  by  the  county 
treasurer  shall  be  deposited  as  one  fund  in  the  several  depositories  selected 
for  the  deposit  of  county  funds,  and  except  as  hereinafter  provided,  shall  so 
remain  until  the  same  is  distributed  at  the  following  semi-annual  distribution 
made  by  the  county  auditor.     And  no  such  officer  shall  draw  any  check  upon 
any  such  depository  for  any  purpose  except  for  the  payment  of  a-  warrant 
drawn  by  the  auditor  of  state,  or  warrant  or  order  drawn  by  the  county 
auditor,  or  the  proper  officer  of  a  city  town,  school  city  or  school  town,  or 
in  payment  of  a  legal  claim  against  a  township,  and  if  any  such  officer  or 
person  mentioned  herein  shall  fail  so  to  deposit  such  funds,  or  shall  deposit 
the  same  in  any  manner  except  in  accordance  with  the  provisions  of  this  act, 
or  shall  draw  any  check  against  such  funds  except  as  provided  for  in  this  act, 
he  shall  be  deemed  guilty  of  embezzlement  of  public  funds  and  upon  con- 
viction shall  be  imprisoned  in  the  state's  prison  not  less  than  one  year  nor 
more  than  twenty  years,  and  fined  in  any  sum  not  to  exceed  one  thousand 
($1,000)  dollars,  and  may  be  removed  from  office  under  the  proceedings  au- 
thorized by  law,  and  shall  be  liable  upon  his  official  bond  for  any  loss  or  dam- 
age which  may  accrue:     Provided,  further,  That  if  any  public  official  charged 
with  any  other  duty  under  this  act  shall  knowingly  fail  to  discharge  and  per- 
form the  same,  he  shall  violate  any  of  the  provisions  of  this  act,  he  shall 
upon  conviction  thereof  be  fined  in  any  sum  not  less  than  $50.00  nor  more 
than  $1,000.00,  and  to  it  may  be  added  imprisonment  in  the  county  jail 
for  any  period  not  less  than  thirty  days  nor  more  than  six  months:     Provided, 
however,  That  every  county  treasurer  who,  by  virtue  of  his  office,  shall  be  the 
collector  of  taxes  for  any  city,  town,  school  city  or  school  town,  within  his 
county,  shall  on  the  first  day  of  each  calendar  month,  make  an  estimate  of 
such  taxes  so  collected  by  him  for  each  such  city,  town,  school  city  or  school 


1 


SCHOOL    LAWS    OF   INDIANA  345 

jspectively,  during  the  preceding  month  and  certify  the  respective 
imounts  to  the  auditor  of  such  county,  and  the  auditor  of  such  county  shall 
-hereupon  draw  his  warrants  upon  such  county  treasurer  in  favor  of  such  city, 
,own,  school  city  or  school  town  for  the  respective  sums  so  certified  which 
warrants  shall  be  delivered  by  such  auditor  to  such  respective  cities,  towns, 
school  cities  or  school  towns  through  the  city  controller,  if  any,  and  if  not 
then  to  the  city  or  town  clerk,  and  upon  the  presentation  of  such  warrants 
to  the  county  treasurer  he  shall  promptly  pay  the  same  to  the  treasurer  of 
such  city,  town,  school  city  or  school  town,  which  respective  sums  shall  be 
immediately  available  for  the  use  of  such  city,  town,  school  city  or  school 
town  pending  a  full  settlement  with  the  county  auditor  at  the  time  of  his 
next  regular  semi-annual  distribution  of  funds  and  for  the  purpose  of  such 
monthly  certification  by  the  county  treasurer  and  the  drawing  and  delivery 
of  such  warrants  by  the  county  auditor  and  the  immediate  use  of  the  amounts 
so  certified;  all  moneys  collected  by  the  county  treasurer  for  the  benefit  of 
a  teachers'  pension  fund  shall  be  deemed  moneys  collected  by  him  for  such 
school  city  or  school  town  within  the  meaning  of  this  proviso.  All  warrants 
and  orders  for  the  payment  of  public  money,  excepting  state  and  township 
funds,  shall  be  drawn  by  the  proper  officer  upon  the  proper  treasurer,  and  to 
each  warrant  and  order  when  drawn  may  be  attached  a  readily  detachable 
slip  showing  the  number,  date  and  amount,  name  of  the  payeee,  the  purpose, 
the  fund  upon  which  it  is  drawn,  and  the  name  and  office  of  the  drawer; 
suchwarrants  and  orders  shall  be  presented  to  the  proper  treasurer  who  shall 
detach  and  retain  the  slip,  and  stamp  upon  the  warrant  or  order  the  name 
of  the  depository  by  which  such  warrant  or  order  is  payable,  and  countersign 
the  same,  and  no  warrant  or  order  shall  be  effective  until  so  stamped  and  c-oun- 
tersigned:  Provided,  however,  That  the  said  treasurer  when  any  warrant  or 
order  shall  be  presented  for  stamping  and  countersigning  may,  after  stamping 
and  countersigning  the  same,  or  convenience  of  the  persons  presenting  the 
same,  pay  the  amount  thereof  to  such  holder  presenting  the  same  and  take 
an  assignment  by  endorsement  of  such  warrant  or  order  and  deposit  the  same 
in  the  proper  depository  in  lieu  of  the  cash  so  paid  out  to  the  holder  of  such 
warrant  or  order.  All  township  warrants  shall  be  drawn  by  the  township 
trustee  directly  against  a  township  depository.  (§7545,  as  amended  1911, 
p.  616.) 

913.  Official  Liability — Exemption.  25.  When  the  public  funds 
of  the  state,  county,  city,  town,  township,  or  school  corporation  are  deposited 
by  the  omc.-rs  having  control  thereof,  as  provided  herein,  such  officer  and  his 
bondsmen  shall  be  exempted  ;>om  all  liability  thereon  by  reason  of  loss  of 
any  such  funds  from  failure,  bankruptcy,  or  any  other  act,  of  any  such 
depository  or  depositories,  to  the  extent  of  the  funds  in  the  hands  of  any 
su'"h  depository  or  depositories  at  the  time  of  such  failure  or  bankruptcy: 
h-fi,  This  act  shall  be  in  effect  and  full  force  on  and  after  December 
1st,  1907.  (§7546.) 


346 


SCHOOL   LAWS    OF    INDIANA 


CHAPTER  XXXIV. 

TEACHERS'  INSTITUTES. 


SEC. 
915. 

916. 


Township     institutes — Attendance 

—Wages. 
Schools  in  session  on  Saturdays — 

Wages. 


SEC. 

917.  Teachers'  institutes — Expenses. 

918.  Schools  closed. 

919.  Sessions. 


[Acts  1917,  p.  90.     Approved  February  28,  1917.] 

/  915.  Township  Institutes — Attendance — Wages.  1.  That  at  least 
one  (1)  Saturday  in  each  month  during  which  the  public  school  may  be  in 
progress,  shall  be  devoted  to  township  institutes  or  model  schools  for  the 
improvement  of  teachers ;  and  two  (2)  Saturdays  may  be  appropriated  at  the 
discretion  of  the  township  trustee  of  any  township.  Such  institute  shall  be 
presided  over  by  a  teacher  or  other  person  designated  by  the  township  trustee 
of  the  township.  The  township  trustee  shall  specify  in  a  written  contract 
with  each  teacher,  that  such  teacher  shall  attend  the  full  session  of  each  in- 
stitute contemplated  herein,  and  for  each  day's  attendance  at  such  institute 
each  teacher  shall  receive  the  same  wages  as  for  one  day's  teaching:  Pro- 
vided, That  no  teacher  shall  receive  such  wages  unless  he  or  she  shall  attend 
a  full  session  of  such  institute  and  perform  the  duty  or  duties  assigned: 
Provided,  further,  That  such  Saturday  teachers'  institutes  may  be  held  in  the 
school  cities  and  school  towns  at  the  discretion  of  the  boards  of  education 
and  superintendent  of  school  of  the  school  cities  and  school  towns  under  all 
conditions  set  out  above  for  township  teacher's  institute. 

916.  Schools  in  Session  on  Saturdays — Wages.    2.     That  it  shall  be 
lawful  for  the  school  board  of  any  city  which  maintains  its  school  in  session  on 
Saturdays  in  addition  to  the  other  school  days  of  the  week  to  pay  the  wages 
of  the  teachers  thereof  for  such  Saturdays. 

1.  A  trustee  failing  to  comply  with  the  above  is  subject  to  prosecution  and  removal 
from  office. 

2.  TEACHERS  MUST  TAKE  PART.     The  object  of  this  institute  is  the  improve- 
ment of  the  teachers  of  the  township.    It  seems  to  me  that  all  the  powers  necessary  to 
carry  out  this  object  are  by  common  law  conferred  upon  the  persons  managing  the- 
institute.     The  object  of  the  institute  will  utterly  fail  unless  the  teachers  attending 
take  part  in  the  exercises.     I  think,  therefore,  the  contract  which  the  trustee  makes 
with  the  teachers,  in  relation  to  township  institutes,  necessarily  requires  the  teachers 
to  perform  such  reasonable  exercises  and  duties  as  may  be  assigned  to  them.    Indeed, 
the  statute  provides  that  the  trustee  may  designate  one  of  the  teachers  to  preside  over 
the  township  institute.    I  am  of  the  opinion  that  the  mere  presence  of  a  teacher  at  a 
township  institute  does  not  fill  the  requirements  of  the  law. 

LICENSE  MAY  BE  REVOKED  FOR  FAILURE  TO  ATTEND  INSTITUTE.  Teachers  are 
required  to  attend  township  institutes,  and  for  neglect  thereof  their  licenses  may  be 
revoked.— Stone  v.  Fritts,  169  Ind.  361. 

[Acts  1907,  p.  76.    Approved  February  25,  1907]. 

917.  Teachers'  Institutes — Expenses.    1.    There  shall  be  held  in  each 
county  in  Indiana,  in  each  year,  for  five  successive  days,  a  teachers'  institute, 


SCHOOL    LA1 

ad  that  for  the  purpose  of  defraying  the  expenses  of  such  institute  the  county 
.  uditor  shall  annually  draw  his  warrant  in  favor  of  the  county  superintendent 
•  n  the  county  treasurer  for  $100.00.  All  laws  and  parts  of  laws  in  conflict  here- 

ith  are  hereby  repealed.    ( §6641 .) 

/I.  SUPERINTENDENT'S  DUTY  AND  PAY.  Such  an  institute  as  is  contemplated  by 
be  law  is  not  a  voluntary  association,  but  a  teachers'  meeting,  at  the  head  of  which 
t  the  county  superintendent.  He,  therefore,  has  no  right  to  surrender  it  into  the  hands 
>f  an  incompetent  director,  nor  to  permit  a  course  of  procedure  by  any  one,  or  by  the 
Qstitute  itself,  by  which  time  shall  be  wasted  or  unsatisfactory  work  done.  The 
eachers  are  there  to  be  instructed,  and  the  superintendent  must  necessarily  take  the 
esponsibility  of  the  institute  upon  himself.  The  money  which  the  auditor  is  authorized 
o  pay  is  to  defray  the  expenses  of  the  institute  exclusive  of  the  per  diem  of  the  super- 
ntendent,  whose  compensation  must  be  obtained  in  the  usual  way.  He  is  also  ent  it  lc«i 
/o  his  per  diem  for  reasonable  services  in  making  preparations  for  the  institute. 

918*  Schools  Closed.  160.  When  any  such  institute  is  in  session,  tin- 
common  schools  of  the  county  in  which  said  institute  shall  he  held  shall  be 
closed.  (§6639.) 

919.  Sessions.  161.  The  several  county  superintendents  are  hereby 
required,  as  a  part  of  their  duty,  to  hold,  or  cause  to  be  held,  such  teachers' 
institutes  at  least  once  in  each  year  in  their  respective  counties.  ( §6640.) 

Suggested  forms : 

PETITION  TO  CHANGE  SITE  OF  SCHOOLHOUSE. 

State  of  Indiana 
County  of 

Superintendent  of  Schools  for  said  county: 

The  undersigned,  who  are  residents  of  School  District  No of 

Township  of  said  County  and  patrons  of  the  school 

In -n't  of  ore  and  hitherto  held  in  the  school  house  of  said  School  District  No .... 

herein  petition  and  ask  that  the  said  school  house  now  located  in 

in  said  County  be  removed  to  and 

located  upon  a  site 

in  said  County,  and,  if  it  be  found  necessary  to  build  a  new  school  house  in 
the  said  district,  that  it  be  located  upon  the  new  site  as  described  above. 

As  reasons  for  the  change  of  site  of  this  schoolhouse  in  the  said  District 
No  .we  would  respectfully  state  that 


We  therefore  ask  that  an  order  be  made  authorizing  the  school  trustee  of 
said  township  to  make  the  change  herein  proposed  and  as  above  descrih.  <1 
as  we  willevt  r  pray. 


Township  Trustee. 


Patrons. 


348 


SCHOOL    LAWS    OF   INDIANA 


AFFIDAVIT  OF  TRUSTEE  CONCERNING  CONTENTS  OF  PETITION 
TO  CHANGE  SITE  OF  SCHOOLHOUSE. 


State  of  Indiana 
County 


of  lawful  age,   being  duly 

sworn,  on  his  oath  states  that  he  is  now  the  duly  and  legally  qualified  and 

acting  trustee  of 

Township  in  said  County  and  ex-officio  the  trustee  of  the  school  township  of 
the  said Township;  that  he  is  famil- 
iar with  the  enumeration  of  the  children  of  school  age  that  reside  within  the 

limits  of  the  present  School  District  No ( .  . )  of  said  township  and 

all  the  patrons  of  the  school  in  said  district,  and  he  states  that  the  attached 
and  foregoing  petition  for  the  change  in  the  location  of  the  school  house  in 
said  district  is  signed  by  a  majority  of  the  said  patrons  of  said  school  which 
has  hitherto  been  held  at  the  location  described  in  the  petition  and  the  several 
signatures  thereto  are  all  genuine,  and  the  said  petition  is  the  prayer  and  re- 
quest of  a  majority  of  said  patrons,  and  further  saith  not. 

Township  Trustee. 

Subscribed  and  sworn  to  before  me  this day  of 

A.D.  19.... 

Notary  Public. 
My  commission  expires 


PUBLIC  NOTICE  OF  HEARING. 

Notice  is  hereby  given  that  a  petition  has  been  filed  with  the  County 

Superintendent  of  the  Public  Schools  of 

County,  State  of  Indiana,   praying  that  the  present  site  of  the  schoolhouse  in 

District  No ( .  . )  of : Township  be 

changed  to  a  site  on in  said  township, 

county,  and  said  petition  will  be  presented  to  said 

County  Superintendent  at  his  office  on ,  191 . .  . , 

at.  . 


Trustee  of, 


,  Township County. 


349 

Al  FIDAVIT  OF  TRUSTEE  CONCERNING  POSTING  OF  NOTICES. 

St.  te  of  Indiana 
County 

,  upon  his  oath,  says  that  he  posted 

u\  the  above  notice  in  writing  at  five  public  places  within 

T<  wnship,  of  said  county,  three  of  which  were  in  the  immediate  neighborhood 
fr<  m  where  said  school  house  is  to  be  moved,  at  least  twenty  days  prior  to 
1 1  time  when  the  same  n  to  be  heard  by  said  County  Superintendent. 


Trustee  of Township. 

Subscribed  and  sworn  to  before  me,  the  undersigned,  a  Notary  Public, 
tt.  J. .  .  . day  ot ,191 


Notary  Public. 
My  commission  expires 


ORDER  OF  COUNTY  SUPERINTENDENT  FOR  CHANGING  SITE 
OF  SCHOOLHOUSE. 


of  Indiana 

County 

To Township   Trustee  of Township, 

County,  State  of  Indiana: 

Whereas,  On ,  19 ,  a  petition  was  filed  in  this 

o  fice  asking  that  the  schoolhouse  in  District  No ....    of 

'\  ownship  be  removed  to  and  located  upon  the  following  site: • 


And,  Whereas,  After  hearing  evidence  in  the  above  cause  at  my  office  on 
,  19 .....  at  the  hour  of , 

>!  tind  that  said  petition  is  in  proper  form,  that  legal  noti-re  has  been  given, 
t  hat  a  majority  of  the  patrons  of  the  above  named  School  District  No. . 
c  f  Township 

County,  State  of  Indiana,  have  signed  said  petition,  together  with  the  trustee 

( f  said Township,  and  I  further  find 

that  all  the  matters  set  forth  in  the  said  petition  are  true.    Now,  ther.  for.  . 

i  t  is  ordered  and  the  trustee  of  said .  Township  is 

hereby  instructed  to  remove  said  school  house  from  its  present  site  to  the  loca- 
lion  described  above;  or,  if  it  be  found  necessary  to  erect  a  new  school  house, 
lie  is  hereby  instructed  to  cause  the  same  to  be  erected  upon  the  proposed  new 
1  ocation  as  described  above. 

I      Witness  my  hand  and  the  seal  of  this  office  this           • day  of 
::::::'•:::: , 
Dountv  Superintendent  of  School  for County. 
' 


350 


SCHOOL    LAWS    OF   INDIANA 


CHAPTER  XXXV. 

TEACHERS'  PENSIONS. 


SEC. 
920. 
921. 
922. 
923. 
924. 
925. 
926. 
927. 

928. 
929., 
930. 

931. 
932. 
933. 
934. 
935. 


937. 
938. 
939. 
940. 
941. 


942. 
943. 
944. 

945, 
946. 
947. 
948. 
949. 
950. 


A.     State  Wide  Law. 

Teachers'  pensions — Fund  created. 

Fund  consists  of. 

Board  of  trustees — Control. 

Organization  of  board. 

State  divided — Units. 

Units  petition. 

Acceptance  of  act. 

State   institutions —  Educational — 

Acceptance  of  act. 
Duties  of  trustees. 
Fund  in  control  of  board. 
State     treasurer — Custodian     of 

funds. 

Applications  for  pension. 
Teachers  assessed. 
Payment  cf  arrearages. 
Record  of  units  and  teachers. 
Investment    of    funds — Cash    on 

hand. 

Amount  of  pensions. 
Computing  years  of  service. 
Attachment — Pensions  exempt. 
Teachers  eligible  to  pension. 
Pensions  withdrawn. 
Subsequent  applications. 

B.     Indianapolis  Law. 

Teachers'  pension  fund — Trustees. 

Officers — Duties. 

Teachers — pension  fund — Control 

— Assessment — Levy . 
Investment  of  funds. 
Sinking  fund. 
Fixing  pensions. 

Years  of  service — How  computed. 
Pensioners — Re-examination. 
Service  pension. 


SEC. 

951.  Computing  time. 

952.  Trustees — By-laws. 

953.  Payments — When  refunded  in  part. 

954.  Deficiency — Pro  rata  payments. 

955.  Place  of  payment. 

956.  Pensions  exempt  from  seizure. 

957.  Cancellation  of  pension. 

958.  Teacher  defined. 

C.     Terre  Haute  Law. 

959.  Teachers'      pension      fund — Terre 

Haute — Board  of  commissioners. 

960.  Duties  of  board  and  officers. 

961.  Pension  fund — How  controlled. 

962.  Funds — How  invested. 

963.  Sinking  fund. 

964.  Pensions — How  classified. 

965.  Time  of  service — How  computed. 

966.  Services  before  passage  of  act. 

967.  By-laws  for  management. 

968.  Pensions  exempt  from  levy. 

969.  Teacher  defined. 

D.     Cities  from  20,000  to  100,000  pop- 
ulation. 

970.  Teachers'   pensions — Cities  20,000 

to  100,000 — Board. 

971 .  Officers  of  board — Duties. 

972.  Rules  and  regulations. 

973.  Fund  invested. 

974.  Sinking  fund.  • 

975.  Annual  pensions. 

976.  Years  of  service — How  computed. 

977.  Definition. 

978.  Election    of    commissioners —  By- 

laws. 

979.  Pensions  exempt  from  attachment. 

980.  Definition  of  "Teacher." 


A.      State  Wide  Law. 


[Acts  1915,  p.  658.] 

920.  Teachers'  Pension — Fund  Created.  1.  That  there  shall  be 
and  is  hereby  created,  a  fund  to  be  known  and  designated  as  the  Indiana 
state  teachers'  retirement  fund,  to  be  used  and  applied  in  the  payment  of 
annuities  to  persons  engaged  in  teaching  or  in  the  supervision  of  teaching  in 
the  public  schools  of  the  state  after  stated  periods  of  service,  or  for  such  other 
causes  and  under  sucli  conditions  as  are  hereinafter  set  forth. 


921.     Fund  Consists  of. 

fund  shall  consist  of: 


2.     The  Indiana  state  teachers'  retirement 


SCHOOL    LAWS    OF    INDIANA  351 

permanent  fund. 

-iaid  permanent  fund  shall  be  made  up  of:  (a)  All  tfifts,  grants.  d< 
bequests  in  money,  property  or  other  form,  which  the  board  of  trustee 
aid  f-md  may  be  authorized  and  empowered  to  receive;  (b)  all  other 
ley  or  property  which  may  from  any  other  BOUTfe  become  a  part  of  this 
fin  d,  and  no  part  of  said  permanent  fund  shall  be  expended,  ex-  ept  the  in- 
ter -st  and  income  thereon  and  therefrom. 

2nd.    A  current  fund. 

Said  current  fund  shall  be  made  up:  (a)  All  interest  on  investments  or 
de  losits  of  permanent  or  current  funds.  (b)  Assessments  on  teachers' 
sa  iries  as  hereinafter  provided,  (c)  Semi-annual  apportionments,  under 
co  iditions  named  in  this  a°t,  from  the  proceeds  derived  from  the  state  school 
tu  tion  tax,  of  s.ici--  additional  amounts  as  are  sufficient  to  meet  all  annuities. 
be  lefits  and  other  expenses  provided  for  under  this  act,  in  excess  of  funds 
dc  ived  from  the  two  above  named  source-;. 

922.  Board  of  Trustees — Control.    3.    The  control  and  management 
of  the  Indiana  state  teachers'  retirement  fund  shall  be  vested  in  a  board  of 
tr  istees  to  be  known  and  designated  as  the  board  of  trustees  of  the  Indiana 
st  ,te  teachers'  retirement  fund. 

Said  board  shall  be  composed  of  five  members  designated  and  appointed 
a>  follows:  The  state  superintendent  of  public  instruction,  the  auditor  of 
st  ite,  and  the  attorney-general  of  the  state,  who  shall  each  be  ex-officio  a 
ir  ember  of  said  board.  The  remaining  two  members  shall  be  appointed  by 
tl  e  Governor  of  the  state,  shall  be  from  different  counties  of  the  state,  shall 
b' s  persons  engaged  in  teaching  or  in  the  supervision  of  teaching,  and,  except 
ir  cases  of  first  appointments  in  June,  1915,  shall  be  persons  who  have  come 
u  ider  the  provisions  of  this  act. 

Appointments  of  trustees  by  the  Governor  shall  be  made  between  the  1st 
a  id  15th  days  of  June,  the  first  appointments  to  be  made  in  June,  1915. 
The  terms  of  office  of  trustees  so  appointed  shall  begin  on  the  first  day  of 
August  following  their  appointment,  and,  except  in  case  of  the  first  appoint- 
ments, shall  be  for  three  years  from  and  after  that  date.  In  making  the  first 
appointments,  the  Governor  shall  appoint  one  member  for  two  years  and  one 
for  three  years.  Vacancies  in  the  board  of  trustees  *aused  by  the  death  or 
r  3signation  of  appointive  members  shall  be  filled  by  the  Governor  for  the  un- 
expired  terms.  All  members  shall  serve  until  their  successors  are  appointed 
8  nd  have  qualified. 

923.  Organization  of  Board.    4.    Said  board  of  trustees  shall  meet  for 
t  he  first  time  on  the  first  Monday  in  August,  1915,  in  the  office  of  the  state 
superintendent  of  public  instruction.     The  state  superintendent    of  public 
instruction  shall   notify  members  of  said  meeting  and  act  as  temporary 
chairman  thereof. 

Said  board  of  trustees  of  the  Indiana  state  teachers'  retirement  fund  s'.all 

organize  by  election  from  its  members  a  president,  a  vice-president,  and  a 

•  cretary,  who  shall  constitute  the  officer-  of  the  said  board  and  each  of  whom 

<hall  serve  for  a  period  of  one  year,  or  until1  his  or  her  succe—  larly 

3lected  and  qualified.     It  shall  also  be  within  the  province  of  said  board  to 


u 


,'{,r>2  SCI  1001,     I,  ANNS    01''     INDIANA 

I<III|I|M\     .1      i    I;, ill       .-.  relanr  .    «.r    clerks    from    outside    its    membership    it'    the 
elorieal  work  of  Mir  board  should  makr  s'.irh  action  nccrssarv 

Annually   Uioroafto?'  on  Mir  lirsf  Monday  in   AIDM,..!   <  •.•!.<•  h  year,   lli«'  board 

shall    I  IK '('I    :i  n.l   ori'.aiU/.r   by    Mir  e|n  I  loll   of  officers  a.s  :i.l»o\  e.       Special    1 1  M  -« • !  1 1 1  ;•   , 

m. iv     lir   held    upon    Mir   ca.ll   of   Mir   president    or   upon    MM'  sii-ned   ••.-ill   o|'  ;ni\ 
Uiroo  members  of  Mir  l»o:n  d 

con  si  i!  ill.-  :i,  (|lloniiii    .il    any    mrrl  ill!-;   for  file- 


'»l!l.     Sinir  Divided      I  nii^.     .•      Kor  Mir  purpose  of  the  administration 

of    I  In::   a<   I     Mir   ;.l:ilr   shall    I  ir   i|i\  I.  Ire  I    into    II  III  I    .   as    l'ollo\\;;;       K;ir||    .-il\     \\lMl    .M. 

population  of  .r),(K)()  or  inorr  arcordiniv  lo  Mir  last  prr-  rdm;-  t'nilrd  Siales 
rrnsiis  shall  <  oils!  it  ulr  ;i  unit,  rjirli  <'<)lllll  y  ol'  Ml<(  st.M.lr  slljlll  ronsl  il  III  r  M.  unit 
.-Mid  r.'irll  |)'lli|ir  ';(:itr  llorill.'ll  school  of  Mir  slalr  Ml  pporl  (>d  I)V  pulilir  Ilioliry 
;ind  drvolrd  to  Mir  |>rr|>Mr.M  t  ion  of  Ir.'ichors.  sluill  ''onsMMilr  M.  unit  or  :iu\ 
oMirr  pul"h<-  stair  rd  i  M(  iolial  ins  I  il  lit  ion  of  tin:;  ;l.i!r  pro\  idrd  for  undrr  I  In-; 
M.ct  ii|)porlrd  \\  holly  l>\  public  inolir\  MI  id  \\  liosr  I  radirrs  dr\  ol  r  Minr  rut  irr 
tlllir  lo  IrMcllIll!'  :li;dl  ronsllhllr  M  Hint,  for  I  lir  Mil  II  1  1st  I'M  I  ion  of  Ml! 
KlM'll  city  or  lo\\  n  of  Mir  sl.ulr  \\  it  h  M  popul.-il  on  of  Irss  MIMD  ."»,()()()  .-irrordiii!1; 
lo  Mir  I;  i  •;(  prrcrd  I  nc.  \  '  tilled  St  M  t  r  :  «  ,  •!  i:  1  1  :.  :;h;ill  I  »<  •  coll:;  I  drrrd  M  s  ;\.  pMI't  of  Mir 
count  \  unit  in  \\lncli  il  is  loc;itrd  Mild  r.-irh  city  h.M.\iii;'.  M,  |)opul;i.l  ion  of  .'..()()() 
or  in..  !••  sh.-ill  !>.•  .  ou-.idcrcd  as  a  unit  snparaln  from  the  county  in  \\hi.-h  \\  \  . 
locMlrd 


l'«-iiii«in.      (i       AIIN    «>nr  of   Mir  al»ovi»  drsrrihrd   units  shn.ll 

comr  undrr  Mir  provisions  of  this  MC(  vv  hrnrv  rr  M  niMjonlv  of  Mir  trMfhrrs 
i.  -vuhirh  rinplovrd  in  MM-  puhlic  schools  of  sMid  unit,  loj'.rth.'r  vv  itli  M  111:1  jont  \ 
of  thr  school  ollirials  «>f  s.-tid  unit,  sh.-dl  petition  thrn>for  to  Mir  ho.'ird  of 
tiiislccs  of  thr  ludi.-MiM  sl.-itr  Ir.-irhrrs'  rrtifrinrnt  fund.  Such  petition  must 
•  omp;inir«|  by  Mir  M.pplicM  t  M  >n  -..  rr-Mil:irl\  lillrd  out  of  all  trM'hrrs  so 
|)(>tilionin^  to  IIIMMMIH*  bonclici.-irirs  undrr  tin.  M.  i  rrt>ri<l<<l.  Inuri-n-r,  T\\:\\ 
prr  .idrnls  of  hoards  of  school  Iruslrrs  of  nhcs  liMVlii.".  M  |)O|Mll:i(  ion  of  ...DIM) 
or  inorr  sliM.ll  not  !><•  m.'liidrd  in  M  prt  it  ion  from  I  hr  school  olVn-iMls  of  Mir  count  y 
unit  in  vv  Inch  siK'll  cil  v  r;  lo«  ;ilcd 

«)2d.  V.  •.<•).  i.  MM  <  i»l'  \«-i.  7.  Anv  school  -orpornlion  of  thr  state 
MltTriiiMl'trr  r.'illed  M  uniM  which  M(  I  he  t  mir  of  MM>  PMSS:I!-,'  ..r  MM.  M  t  has.  in 
piirsiiMin  r  of  MII\  st  Mt  utr  of  t  hi  .  si  :il  c.  M  IcMi'hrrs'  pr  ns  ion  or  Mil  nil  it  y  sy  sir  111. 
HIM  v  .  if  sn.  1  1  mill  so  <-!.'.  Is,  comr  undrr  t  hr  oprrat  ion  of  Mi  is  slat  utr.  I'or  Mint 
purpose  such  unit  sh.'ill  prrsrnt  lo  thr  bo:ir«l  of  trustrrs  of  the  IndiMiiM  ;  l;ilc 
Ic.i.  hers'  rrlirrmcnl  fund  MirrriiiMttrr  in  this  srdion  c.-ilhMl  Mir  bo:ir«h  M 
petition  to  l>r  Mdmillrd.  vvlndi  prlihon  sliMll  be  sn-ned  b\  M  niMjonlv  of  the 
len  ;i.hve  leM<liCis  r<  ••  1  1  l.'l  fl  \'  tMllploNt-d  by  such  mill  Mild  who  Mfe  then  "oil 
I  rilmlor-.  to  the  IOC.M!  fKMlsion  fund.  Mild  eonr'irrrd  in  t>v  Mir  s.  hool  trustees 
or  (lie  other  ;-o\  rrniii!-.  l>od\  of  Mir  school  eorporjit  ion  of  such  unit.  Mild  M 
iiiMjoritv  of  Mir  l>o;ird  of  commissioners  of  the  teachers'  ivt  irrmriil  fund,  if 
MIIV.  of  said  ;imt.  MS  cxi'iissed  in  forma.!  corpora  tr  M'lioii.  and  shall  concur 
reiillv  pa\.  transfer,  make  over  and  assi,»;n  to  the  bo.-ird  all  moiirv  s.  credits 
and  other  properly  belonjMii.";  to  the  local  unit's  pension  or  retirement  depart- 
ment. including,  when  collected.  llu»  proceeds  of  any  ta\  therelofore  levied 
for  the  beiielil  of  such  loejU  pension  department.  If  I  h«'  value  of  thr  nioiirv  s 


SCHOOL    LAWfl   "i     INDIANA 

IM    ivd   i.l'   •  M.  h    I  k  n    I,  \  K  il    Kill    mi.  .,11,,'ird 

Mill    M-      "M   Ml     M        I  In      MIT  ill     p:.\   III,    1.1        lip 

O       Hill     llMM-    IIIMili      In    MM      In.'.'ll     p«    IP    mi,     hm.l     l,\      |||r    I.  II      II     Ullll        III! 

it       lull     '"ii  •  l\     ,  m,   loyi  -I    in    il         .   I I    ,     MK-I,.    Ml     Mir    Inn,     ,,!'    i,,.,l   IIP- 

u-    i    transl'rr   nl'    fniitl    .    Mir    nml    'kill    lUpplement    lUOh    \alin     l.\     MK       inn 
"  •'"  v    '"  nial  •    up     in  Ii  .I.  lidl       Sn-  h  i k,ll    ;,l    i  l,,      .m,,    hm,     ,|,  li\,r 

o   in-  board  ii  •  i,,, .,,,  und< «  ktlon 

IH  local  peiiHion  fund,  and  also  Mm  application  h,  i     I'm    i 

•Inp  nn.  I,  i      ii.'li    I,,.  ..I   hi  ml.   MIL!  •  IIM  1 1   M!    Mi.    •  ;i  m,  •   I  i  n,,.  ,  |,  I,  .pln-M 

I  from  «  adl     u  -!i   prhhmnm-   l.  .-idn  r  In  h  •  ill,  •!  l<>  MM    )„  m  fll 

Mi     prO)  i    L MI     of  !  hi  ml  iif  I  In.  I  M, h. m. i  •  (Mli    h  hi.  m.  nl   Hi, .I 

Jill    I   l>\    ail\      ol  ||i<rs    of    t  In-    Illlil     \\  hn    i|i      IK      |i>Mp|  .-    In-l-.    \\  In.    .      .rriinl 

a?*'      HO    I  I'M  IP    I'l    I  I  l    «l        I  I.I  I  I     Mil    II     IH      |'|\  I'll        I  ,    <||l     Illlil,    I      Id 

•  '•I  IM!   lii  HIM  I    In  u  hidi   Mm\    \\riv  •  n  i  i  Mr.  I    I,.  ••  M  n    r  , ,)'  M      .       mm  I      PMK!   nmln 

III  IIM-M!    pi-n    mn    or  Mnnnil  \    act    IVmn    \\hich    I  I 

Tl  o   nml    '.hall   M!    Mir     Minr   Inn,     hum    Ii    I,,    Mi,     linnnl    ,,|    IMI    I,,       MK     i,  nm     . 

:n  In       r     :in.|  r«rm«l     ,,!'  M!!   p.  r  mi     ,-it    Mir  Innr  ,  nhl  Inl   In 

in  amimhr     1'rmn    il      |,,,-;i|    p,  n    mn    him!        Tin-  MHIUIII  n       nmln    MK     IniliatUl 

si.  Ir  Ii  MI-IK  i       i  «•!  ifri Mi,  .M-li,  i      aln-ad  -nhl  Inl   In 

n  i-i\i.  aiiiimhr     m-   l,,imlil  ,   IIIK|.T   Ik-   p,  ,,    mn   or  aiimiit..'       \    toil] 

I'    I'm:'  Minn    h.ili  In   .,n.|  i,  m. in,  MI,     : M      in-li  iradicrH  were  r< 

\\  '    Ill'l     llM\r     |-rrr|\  I'll     linilrl'     l||r     p,    n     |,.n     ,,|      Mllllll  MI     lYnlll     \\llirli 

wi  n<  transferred.      H'MII\    p.i  i  I   ,,!'  I  In    iimm  •    .  m    pn  ,pt  i  I  \    nl°  Mm  Inr.-il   prn    mn 
I'n  nl     .,  Iran    !'•  m-d     I,,,M  Ml    I  IK    hm,    ,,|    Ir.-m    I,  r.  .n,.|  in  pn 

"l  rrniMiirni    I'mm1"   Mir     ami      li.-ill,   .il1  nuiin  n    part    ol    UK    p.  i 

111  menl    fiinil    ill    Ihr    IIMIK!      nl1    Mir    Imanl.    tin     im-mm     ,,nl  I,      h.,||    I,, 

:i|  pi  HI  I.   Mm,  .  :iM-     In    Mn  .M   i,T   I  In        l.'ilnlr.    In    I  IK  ii    •     MIK  I    I..  IK  III    nl1 

si  l  -II    mill    mil  ,          \        i   M      MK-   mill      IIM  1 1    IIM  \  «     mm  pi  ml  \\  illi    Mm   prn\ 

"f    Mn  Mi,     III  Ir    In    Mir    Inr.-il    p,  1 1     mil    III  IK  I    pi  <>p.   i  I  •.  MIK  I   HMHctH  of      M.    I, 

UI  it  Khali.  opi  rut  ion  "I   k  ,|   \ ,    i   m 

thereafter  laid  unit  shall  take  no  utep  m  .  mi'iimim^  JI,M  local  p.  n  mn  inmi 

'    -     '    pi       l|c|  n   rnll,  ,'l    Mini    |  •!    .iliy    tUX 

M'    I.    Inl,, |,     I,       I.  ,1    l.lll    iml    l'l|||\    rnlln-l,  ,|          /'/,.//,/r,/     TIlM  I    I  inll  II  li|-    I II    M 1 1         r«- 

tion  Hliall  he  coiiHtriied  as  nnp  in i  mi.i  nMiiciil  nyntem 

n<  w  <  m  i  IIJH  Htate. 

«>27.       Sijiir     lii'-ih  on. .n-      1,1,1,    ,i .1       \,,,pi,n.,      ..l      \,  i        H. 

\\  IK  IKM  i    M    HIM  j.-i  H      of  tin-  hoard  of  In  i    In      and  a    inajoril  \    nl    MM    i.  ...  h.  i 
nl    ;m       pnl, IK-      l.-ilr    nmin.'il      r||,,,.|   ,.|    lliinMtatc,      nppnil,,|    I,       pnl,||r    n 

(!«•.  ,,l,   ,|    In    Ml.      pi  I,,   I     pnl, I. 

h  Mi.-.l    in    hlnlmn   nl    I  In  I    Im    nml'  i    l  In      a. -I      u  ppOl  '.  -I    M  Imll-. 

h       pnl, In-    m. M,.  \    Mini    \\  Im  r    I,  ad,,  i      di    .  nli     I  h.  n    i-nhir    Im 

.ill     p. 'Ill  Kill     Ml.      I  HIM  I'd    nl'    III!  lir     I  IK  I  I,  i  II.  l        I.l  Ir    Irai-lli'l 

ml  In  rmii.    nndri   Mn    provmioiiH  of  Mn    art,  MK  M.  I, 

hlmn.   pi,,-  i,|.  -I   Mi,    pi  hlmn  i     accoiri]  iQI  of 

I   !•    IrMdi,  T  .       n    prl  |!  muni)'     In    Mm-pt     |  k      pi  Mil       Mr  I       Mild     Inn   I     M|  I 

.lilp.n      nl    Mil      .Ml          K.'mli      M-'l,      ''In,,,!      h.ill    I  In  ii    r,,n    <  i  h  1 1<)  0,  NOparatfl 
nl  I'm-  MK    MI  I  mm  i    I  ra  Imn  nl'  (In     .-ml        1 1     IIM  II  (In  n  I  ><•  l  |M    duly  of  Mm  hu    l.r 

Ol'  fiaid    H-hnnl     In    pM\      In    Ml,      l.natd    nl     III)     In        nl     MK      In, I' 

.  tin-mi  nl     I'uiid.      '  nn   ..miM.ill'.  ,    m.     I  I  loilda;      ill  and     Mm 

IfHt  MOMI|M\    in  July  Of  each   V«    ",   ..      urn   .  ipial    I.,  mn     li.ill    I  In       mn   1-1  rt  il'ml 


354  SCHOOL   LAWS    OF   INDIANA 

by  said  board  of  trustees  of  the  Indiana  state  teachers'  retirement  fund  as 
necessary  to  meet  the  annuities  and  other  expenses  under  this  act,  of  that 
particular  unit  for  the  current  year  over  and  above  the  amounts  received  from 
assessments  of  teachers  in  that  particular  unit  and  from  other  sources  as  set 
forth  in  this  act.  Said  amounts  to  be  paid  shall  be  taken  from  any  funds 
coming  in  to  the  hand  of  said  board  of  trustees  of  said  state  school  for  the 
payment  of  teachers  for  instruction  in  said  school. 

928.  Duties  of  Trustees.    9.    The  president  of  the  board  of  trustees  of 
the  Indiana  state  teacher's  retirement  fund  shall  preside  at  the  meetings  of 
the  board  and  perform  all  other  duties  required  under  this  act  and  those 
usual  to  such  office.    The  vice-president  shall  perform  all  duties  of  the  presi- 
dent in  his  absence.    It  shall  be  the  duty  of  the  secretary  to  keep  a  true  and 
accurate  account  of  the  proceedings  of  said  board  of  trustees.    And  to  have 
the  custody  and  care  of  all  books  and  papers  pertaining  to  and  connected  with 
the  administration  of  this  act  and  for  the  care  of  which  other  provisions  are 
not  made  in  this  act. 

Said  board  of  trustees  of  the  Indiana  state  teachers'  retirement  fund  shall 
have  full  power  to  adopt  and  enforce  all  necessary  by-laws  and  regulations 
for  the  government  and  administration  of  this  act  not  inconsistent  with  the 
same.  Said  board  may  sue  and  may  be  sued  under  the  name  and  style  of  the 
board  of  trustees  of  the  Indiana  state  teachers'  retirement  fund,  shall  have 
the  authority  to  summon  and  examine  witnesses  in  the  adjustment  of  claims : 
shall  have  power  to  meet  any  emergencies  which  may  arise  in  the  adminis- 
tration of  its  trust;  and  shall  have  discretionary  power  in  determining  all 
matters  pertaining  to  its  trust  not  specifically  provided  for  in  this  act. 

Members  of  said  board  shall  serve  without  pay,  except  that  all  traveling 
and  all  other  necessary  expenses  incurred  by  them  in  attending  meetings 
and  performing  other  necessary  duties  of  then*  office,  together  with  necessary 
clerical  assistance  and  other  expenses  incurred  by  the  board  in  the  adminis- 
tration of  this  act  shall  be  paid,  upon  proper  order,  from  current  fund,  and 
such  expense  shall  be  pro-rated  to  the  several  units  operating  under  this 
act,  on  the  basis  of  the  actual  number  of  teachers  having  come  under  the 
provisions  of  this  act  and  who  are  paying  assessments  in  accordance  herewith 
in  such  units. 

929.  Fund  in  Control  of  Board.     10.     The  board  of  trustees  of  the 
Indiana  state  teachers'  retirement  fund  shall  have  charge  of  and  administer 
the  said  retirement  fund.     Said  board  of  trustees  shall  have  charge  of  all 
property  belonging  to  said  fund  and  may  take  by  gift,  grant,  devise,  or 
bequest,  any  money  or  property  coming  into  said  fund,  and  any  such  gift, 
grant,  devise,  or  bequest  may  be  absolute,  or  upon  condition  that  only  rent, 
profits,  or  income  arising  from  the  same  shall  be  applied  to  the  uses  and  pur- 
poses of  said  fund. 

Such  board  of  trustees  shall  be  authorized  to  take  such  a  gift,  grant,  devise, 
or  bequest,  under  and  by  the  style  of  the  board  of  trustees  of  the  Indiana 
state  teachers'  retirement  fund,  and  to  hold  the  same,  and  unless  otherwise 
provided  by  the  condition  of  the  trust,  assign,  transfer,  or  sell  the  same, 
whenever  proper  and  necessary  for  the  benefit  of  the  retirement  fund.  The 
board  shall  receive  and  receipt  for  all  such  gifts,  grants,  devises,  bequest, 


SCHOOL   LAWS    OF   INDIANA  355 

ai  1  all  other  funds  belonging  to  or  coming  into  the  permanent  fuml.  judi- 
ci  usly  invest  the  same  and  promptly  turn  over  all  receipts  therefrom  to  the 
rt  ^ilarly  constituted  custodian  thereof. 

Tin-  hoard  shall  also  receive  and  receipt  for  all  moneys  cominir  into  the 
ci  Tent  fund,  turn  the  same  over  to  the  custodian  thereof  and  direct  their 
d  bursement,  no  payments  being  allowed  therefrom  except  upon  the  expn-- 
\\  it  ten  ordei  of  the  board  officially  signed  by  its  president  and  secretary. 

The  board  shall  report  annually  the  condition  of  the  funds  in  its  charge, 
tl  3  names  of  the  several  units  of  the  state  that  have  accepted  the  provisions 
o  this  act,  and  an  itemized  statement  of  the  receipts  and  expenditures  on 
a  count  of  the  fund  for  each  unit  accepting  the  provisions  of  this  act;  a  list 

0  the  beneficiaries  of  the  current  fund;  an  estimate  of  amounts  required  for 
a  nuities,  benefits  and  other  expenses  for  the  following  year,  and  the  approxi- 
n  ate  amounts  required  to  be  apportioned  to  the  different  units  from  the 
p  oceeds  of  the  tax  for  the  state  school  tuition  fund  to  meet  necessary  ex- 
p  nses  over  and  above  receipts  from  the  other  sources  named.    Said  report 
si  all  be  submitted  to  the  Governor  on  or  before  the  15th  day  of  August  of 
<•  di  year.     Said  report  may  also  be  printed  and  distributed  to  all  persons 

1  titled  to  an  interest  in  said  funds  and  who  are  in  any  way  bound  by  the 
p  -ovisions  of  this  act. 

930.  State  Treasurer — Custodian  of  Funds.     11.     The  treasurer  of 
t  ie  State  of  Indiana  shall  be  the  custodian  of  all  moneys,  papers,  and  se- 
c  irities  belonging  to  or  being  a  part  of  either  the  permanent  or  current  funds 

0  the  Indiana  state  teachers'  retirement  fund.    He  shall  deposit,  take  care  of, 
a  id  report  such  funds  in  accordance  with  the  provisions  of  this  act  and  of  the 

1  idiana  state  depository  law,  and  shall  pay  the  same  only  upon  the  order 

0  the  board  of  trustees  of  the  Indiana  state  teachers'  retirement  fund,  prop- 
e  ly  signed  by  the  president  and  secretary  thereof. 

All  interest  accruing  on  funds  of  any  kind  belonging  to  said  fund  shall 
g )  into  the  current  retirement  fund. 

It  is  hereby  expressly  provided  that  no  annuity  or  benefit  of  any  kind  author- 
i.ed  by  this  act  shall  be  due  or  be  paid  prior  to  January  1st,  1917. 

931.  Applications  for  Pension.     12.     The  board  of  trustees  of  the 

1  idiaua  state  teachers'  retirement  fund  shall  receive  and  pass  upon  all  applic- 
<•  it  ions  for  annuities  or  benefits  under  this  act.    It  shall  have  power  to  sum- 
mon witnesses,  order  medical  examinations,  select  or  approve  physicians 
f>r  such  examinations,  and  conduct  all  reasonable  investigations  to  enable 
i ,  to  determine  intelligently  the  justice  of  any  claim  submitted. 

932.  Teacher's  Assessed.     13.     Every  teacher  coming  under  the  pro- 
\  isions  of  this  act  shall  be  assessed  upon  his  or  her  salary  for  the  school  year 
i  i  which  such  assessment  is  made  as  follows:    For  the  first  fifteen  years  of 
teaching  service,  $10.00  per  year;  for  the  next  ten  years  of  teaching  service, 
520.00  per  year;  for  the  next  ten  years  of  teaching  service,  125.00  per  year; 
t  >r  the  remaining  years  of  teaching  service  up  to  and  including  the  fortieth 
year  of  such  service,  $20.00  per  year.    Provided,  That  should  a  teacher  coming 
tinder  the  provisions  of  this  act  teach  longer  than  forty  years,  no  assessment 
shall  be  collected  from  such  teacher  for  time  taught  beyond  the  period  of 
forty  years. 


356  SCHOOL    LAWS    OF    INDIANA 

All  assessments  upon  teachers'  salaries  provided  for  in  this  act  shall  be 
paid  in  equal  instalments  corresponding  to  the  second,  fourth  and  sixth 
months  of  the  school  year  in  which  the  salaries  upon  which  such  assessments 
are  made  are  paid. 

From  and  after  August  1,  1915,  it  shall  be  the  duty  of  the  board  of  trustees 
of  the  Indiana  state  teachers'  retirement  fund  to  report  semi-annnally  to  each 
official  charged  with  the  payment  of  salaries  to  teachers  in  each  unit  in  the 
state  that  has  elected  to  come  under  the  provisions  of  this  act,  the  name  of 
each  teacher  under  this  act  receiving  payment  from  such  paying  official. 
Said  notification  shall  be  given  on  or  before  the  first  day  of  October  and  the 
first  day  of  February  of  each  year. 

It  shall  then  be  the  duty  of  such  paying  official,  at  the  time  of  payment  of 
salaries  to  such  teachers  for  the  second,  fourth  and  sixth  school  months  of 
each  school  year,  to  deduct  from  the  salaries  of  each  of  the  teachers  whose 
names  have  been  so  reported,  an  amount  equal  to  one- third  of  the  total 
amount  due  from  said  teacher  for  the  entire  school  year  as  assessments  under 
this  act,  and  said  paying  official  shall  between  the  first  and  fifteenth  days 
of  January  and  June  of  each  year,  pay  over  to  the  board  of  trustees  of  the 
Indiana  state  teachers'  retirement  fund  all  money,  that  has  come  into  his 
hands  from  assessments  on  teachers'  salaries  as  provided  for  in  this  act. 
Whatever  credits  may  be  due  any  teacher  because  of  assessments  paid  under 
this  act  shall  be  credited  to  the  unit  under  this  act  in  which  he  or  she  is  work- 
ing. 

933.  Payment  of  Arrearages.     14.     Teachers  coming  under  the  pro- 
visions of  this  act  shall  be  required  to  pay  arrearages  at  the  above  rates,  for 
such  time  of  service,  from  one  (1)  to  forty  (40)  years  inclusive,  as  they  are 
authorized  to  have    ecognized  under  the  provisions  of  this  act,    Provided, 
that  any  teacher  entitled  under  the  provisions  of  this  act  to  credit  for  one  or 
more  years  of  teaching  service  at  the  time  when  he  or  she  elects  to  accept 
the  provisions  of  this  act,  may  waive  his  or  her  right  to  such  credit  and  pay 
only  current  rates  from  the  time  when  the  membership  begins,  and  receive 
no  credit  for  previous  service.     Such  arrearage  may  be  paid  in  cash  during 
tbe  first  year,  or  may  be  paid  in  five  equal  annual  instalments  with  interest 
at  the  rate  of  five  per  cent   per  annum,  payable  annually,  upon  the  deferred 
instalments.  •   In  case  tlie  latter  option  is  taken,  interest  upon  the  deferred 
instalments   shall  commence  at  the  end  of  the  first  year  after  electing  to  ac- 
cept the  provisions  of  this  act,   provided,  further,  That  in  case  any  teacher  is 
retired  before  he  or  she  has  paid  in  assessment  a  sum  equal  to  one-half  of  the 
maximum  annuity  to  which  he  or  she  would  be  entitled,  than  and  in  that 
case  there  shall  be  deducted  from  the  annuity  to  be  paid  to  such  retired  teach- 
er during  the  first  year,  such  sum  as  will  make  the  total  amount  paid  by  such 
teacher  one-half  of  the  maximum  annuity  to  which  he  or  she  is  entitled,  and 
the  remainder  of  fees  or  arrearages  due  or  to  be  paid  by  such  retired  teacher 
shall  be  payable  in  instalments  as  hereinbefore  set  forth. 

934.  Record  of  Units  and  Teachers.     15.     The  board  of  trustees  of 
the  Indiana  state  teachers'  retirement  fund  shall  keep  an  accurate  record 
of  all  units  of  the  state  that  have  accepted  and  are  working  under  the  pro- 
visions of  this  act;  the  number  and  names  of  all  teachers  in  each  who    have 


SCHOOL    LAWS    OF    INDIANA  357 

me  the  conditions  of  becoming  beneficiaries  under  the  same;  the  amount  of 
,  ass  ssments  paid  by  each  teacher,  together  with  the  total  amount  paid  from 
ea<  i  unit;  the  number  of  teachers  receiving  or  entitled  to  receive  annuities, 
or  >enefits  of  any  kind  from  the  Indiana  state  teachers'  retirement  fund, 
tos.  ther  with  the  amounts  due  or  to  become  due  to  each  unit  and  the  total 
an  >unt  due  as  annuities  from  each  unit.  Said  board  of  trustees  shall  then 
ap  ortion  to  the  several  units  accepting  and  working  under  this  acjt  all  current 
fin  Is  in  its  hands  outside  of  funds  collected  as  assessments  from  teachers 
an  over  and  above  amounts  necessary  for  actual  running  expenses  as  pro- 
vi<  >d  in  this  act,  said  apportionment  being  based  upon  the  actual  number  of 
te;  -hers  having  come  under  the  provisions  of  this  act  and  who  are  paying 
ass  issments  in  accordance  therewith. 

The  board  shall  then  certify  to  the  state  superintendent  of  public  in- 
[  str  lotion  the  amount  required  by  each  unit,  over  and  above  the  amounts 
cr<  lited  to  it  from  assessments  paid  by  its  teachers  and  the  amount  appor- 
tio  ied  to  it  from  the  other  current  funds  under  this  act,  to  meet  the  demand 
un  ler  this  act  upon  that  particular  unit  for  the  following  fiscal  year.  It 
sh;  11  then  be  the  duty  of  the  state  superintendent  of  public  instruction,  when 
mi  king  his  semi-annual  apportionments  of  the  proceeds  derived  from  the 
sta  ;e  school  tuition  tax  in  January  and  in  June  of  each  year,  to  withhold  from 
ea(  h  unit  so  certified  by  the  board  of  trustees  of  the  Indiana  state  teachers' 
ret  rement  fund  a  sum  equal  to  one-half  the  amount  certified  as  necessary 
to  neet  the  demands  of  that  unit,  under  this  act,  over  and  above  the  proceeds 
d«-i  ived  by  said  unit  from  other  sources  named  in  this  a-?t.  The  state  super- 
int  'iident  of  public  instruction  shall  Certify  the  amount  so  withheld  to  the 
001  nty  auditor  of  the  county  in  which  said  unit  is  located  and  shall  at  once 
tin  n  said  amount  over  to  the  trustees  of  the  state  teacher's  retirement  fund. 

Provided,  That  for  such  state  normal  schools  and  other  public  state  eduea- 
tio  lal  institutions  of  this  state  included  under  this  act,  as  do  not  receive 
thtir  publi"  money  through  the  county  auditor  and  which  come  under  the 
pr<  visions  of  this  act,  the  board  of  trustees  of  the  Indiana  state  teachers' 
ret  remeni  fund  shall  send  the  required  notices  to  the  state  auditor  instead 
of  <»  the  state  superintendent  of  public  instruction.  The  state  auditor  shall 
tin  n  withhold,  from  any  money  to  which  such  schools  may  be  entitled  for 
tin  payment  of  teachers'  salaries,  the  amounts  shown  by  said  notices  to  be 
re<  u  i  red  in  addition  to  the  assessments  on  teachers'  salaries  in  such  schools 
r  to  me<  -t  the  requirements  of  teachers'  annuities  under  this  act,  and  semi- 
an  inally  between  the  first  and  fifteenth  days  of  January  and  June  of  each  . 
year  i  he  state  auditor  shall  pay  to  said  trustees  of  the  Indiana  state  teachers' 
retirement  fund  all  moneys  so  withheld  by  him  to  date  under  provisions  of 
lh  s  a«-t. 


935.     liiM-.otmnit  of  Funds     <  a>li  on  Hand.    16.    The  board  of  tnis- 

te«  s  of  the  Indiana  stale  teachers'  retirement  fund  shall  determine  what  part 
of  said  fund  may  be  safely  invested  and  how  much  shall  be  retained  for  the 
immediate  needs,  demands  and  exigencies  of  said  fund.  Such  investments 
shall  be  made:  (1)  In  inn  n-t  -bearing  bonds  of  the  United  Stat.-:  or  of  the 
State  of  Indiana,  or  in  any  bond  lawfully  issued  by  state  or  county,  township, 
city,  or  other  municipal  corporations  within  the  United  States;  (2)  loans 


358 


SCHOOL   LAWS    OF   INDIANA 


secured  by  first  mortgage  upon  improved  real  estate,  which  loans  shall  not 
be  in  excess  of  fifty  per  cent,  of  the  appraised  value  of  such  real  estate, 
bonds,  mortgages,  and  other  securities  shall  be  deposited  with  and  remaii 
in  the  custody  of  the  custodian  of  said  fund,  who  shall  collect  all  interest 
due  thereon  and  all  income  therefrom  as  the  same  shall  become  due  am 
payable,  and  deposit  same  to  the  credit  of  the  current  fund  of  the  Ii 
state  teachers'  retirement  fund. 

936.     Amount  of  Pensions.     17.     Said  Indiana  state  teachers'  reti 
ment  fund  shall  be  used  and  devoted  in  the  manner  and  for  the  purposes 
follows:    Any  person  coming  under  the  provisions  of  this  act  who  shall 
rendered  thirty-five  years  or  more  of  teaching  service  in  the  public  school 
twelve  of  which  may  have  been  in  public  schools,  outside  of  the  state,  wh( 
ceases  to  be  in  the  employ  of  the  public  schools  of  the  state  from  any  caus 
shall  be  entitled  to  an  annuity  in  accordance  with  the  following  schedule: 

For  35  years  of  service $600 

For  36  years  of  service 620 

For  37  years  of  service 640 

For  38  years  of  service 660 

For  39  years  of  service 680 

For  40  years  of  service 700 

Provided,  That  any  teacher  in  the  service  of  the  public  schools  of  the 
state  may  be  temporarily  or  permanently  retired  for  disability  on  an  annuity 
in  accordance  with  the  schedule  in  this  act  after  he  or  she  shall  have  served 
as  such  teacher  as  per  the  conditions  of  this  act  for  a  period  of  twenty-five 
years  or  more;  and  Provided  further,  That  when  a  teacher  is  retired  for  any 
disability  before  he  or  she  has  met  with  the  conditions  for  permanent  retire- 
ment under  this  act,  such  retirement  shall  continue  only  until  such  disability 
is  relieved  or  removed,  and  no  further  annuity  or  benefit  shall  be  paid  to  su( 
teacher  after  medical  examination  made  on  demand  of  the  board  of  trustee 
of  the  Indiana  state  teachers'  retirement  fund  and  at  the  expense  of  sai< 
teacher  shall  establish  that  such  disability  is  removed.    No  benefit  for  dis* 
bility  shall  be  paid  for  less  than  one-half  of  a  school  year. 

The  schedule  according  to  which  disability  benefits  shall  be  paid  follow 

For  25  years  of  service $350 

For  26  years  of  service 375 

For  27  years  of  service 400 

For  28  years  of  service 425 

For  29  years  of  service 450 

For  30  years  of  service 475 

For  31  years  of  service 500 

For  32  years  of  service .  525 

For  33  years  of  service 550 

For  34  years  of  service 575 

Such  annuities  shall  be  paid  upon  the  order  of  the  board  of  trustees  in  foi 
equal  payments  as  follows:  On  January  first," April  first,  July  first  and  Oct 
ber  first,  of  each  year. 


SCHOOL    LAWS    01      INDIANA  359 

i  the  event  that  any  teacher  coming  nnder  the  provisions  of  this  act  for 
any  vason  leaves  the  services  of  the  public  schools  of  any  unit  of  this  Mate 

/ope?  iting  under  this  act.  In-fore  said  tca-her  is  entitled  to  receive  annuities 
und  r  this  act,  such  teacher  shall  be  entitled  to  withdraw  from  the  IP 
of  t   e  Indiana  state  teachers'  retirement  fund,  such  a  sum  as  will  equal  all 
pay    icnts  made  by   such   teacher   into   the   treasury   of   this  fund  without 
intt    ost. 

'rouided,  That  any  benefits  which  such  teacher  may  have  received  for 
di>;  >ility  prior  to  the  time  of  such  withdrawal,  shall  be  deducted  from  amoi-nt 
to  1  so  withdrawn. 

*rovided,  further,  That  in  the  event  that  such  a  teacher  subsequently 

I  reti  *ns  to  the  employ  of  a  school  of  a  unit  under  this  act,  such  teacher  shall 

f  be  i  jquired  to  pay  to  the  fund  of  the  unit  in  which  such  teacher  is  employed 
the  i  mount  so  withdrawn  with  interest  thereon,  at  the  rate  of  five  per  cent. 
per  innum  from  date  of  withdrawal,  such  sum  to  be  paid  within  one  year 
froi  i  the  date  of  his  or  her  return  to  service  in  the  schools  of  the  state.  In  the 

I  eve  it  of  the  death  of  any  teacher  coming  under  the  provisions  of  this  act, 
bef<  re  such  teacher  has  been  retired  upon  an  annuity,  ^hen  and  in  that  case 
the  heirs  or  legatees  of  such  deceased  teacher  shall  be  entitled  to  a  sum  out 
of  .-  lid  fund  equal  to  the  sum  paid  into  said  fund  by  such  deceased  teacher, 
wii  out  interest,  and  after  deductions  for  whatever  benefits  have  been  paid 

•  sue  i  teacher  have  been  made. 

)37.    Computing  Years  of  Service.    18.    In  computing  years  of  service, 

\  as  ]  »rovided  in  this  act,  the  board  of  trustees  may  include  service  as  public 

sc]i  tol  teacher  rendered  outside  of  the  state,  not,  however,  in  excess  of  twelve 

yea  *s,  as  a  portion  of  such  services  necessary  before  any  teacher  shall  be 

.  ent  tied  to  any  of  the  benefits  of  this  act,  Provided,  That  nothing  in  thi- 

tioi   shall  affect  the  amount  or  amounts  to  be  paid  into  such  retirement  fund 

by    eachera  l»efore  being  entitled  to  an  annuity.    Any  teacher  may  be  given 

a  1<  ave  of  absence  for  study,  professional  improvement,  or  temporary  disa- 

bili  y,  not  exceeding  one  year  in  seven,  and  shall  be  regarded  as  a  teacher  and 

ent  tied  to  the  benefits  of  this  act.  Provided  that  during  such  absence  he  or 

[  she  continues  to  pay  into  such  fund  the  amount  of  assessment  payable  by 

sue  h  teacher  as  provided  by  this  a"t. 

Credit  shall  be  given  under  this  act  for  all  years  of  service  rendered  under 
its  provisions  before,  as  well  as  after,  the  taking  effect  of  this  act.  And  the 
fid'  term  or  year  of  school  in  the  corporation  in  which  such  service  was  ren- 
dered shall  constitute  a  year  of  service  under  this  act. 

9.'MJ.  Attachment — Pensions  Exempt.  19.  All  the  annuities  grant «<1 
and  payable  out  of  said  state  teache  incut  fund  shall  be  and  are 

ext  nipt  from  sei/.nre  or  levy  upon  attachment,  supplemental  process,  and  all 
otl  er  procr.-ss;  and  such  aniruties  or  any  payment  of  the  same  shall  not  be 
sul.jeft  to  sale,  assignment,  or  transfer  by  any  beneficiary;  and  any  such  sale 
assignment  or  transfer  shall  be  absolutely  void. 

939.     Teachers  Eligible  to  Pension.     20.     The  bwti.-iaries  of 
fund    shall   include   any    legally    licensed    and    regularly   employed    (61 
te;  cher-clerk,  supervising  principal,  principal,  supervisor,  superintendent  of 
schools,  person  in  charge  of  teaching  any  special  department  of  instruction 


360  SCHOOL    LAWS    OF    INDIANA 

or  training,  or  any  other  teacher  or  instructor  legally  licensed  and  regularlv 
employed  as  such  in  any  of  the  public  schools  of  this  state;  or  in  any  public 
state  normal  school  of  the  state,  supported  by  public  money,  and  devotee 
to  the  preparation  of  teachers;  or  the  qualified  and  regularly  employee 
teachers,  principals,  superintendent  and  others  named  above  in  any  other 
public  state  educational  institution  of  this  state  supported  wholly  by  public 
money  and  whose  teachers  devote  their  entire  time  to  teaching,  provided 
however,  That  no  institution  which  is  operating  under  any  pension  or  annuity 
system  not  provided  for  by  laws  of  the  State  of  Indiana,  may  come  under  the 
provisions  of  this  act. 

940.  Pensions  Withdrawn.    21.    Whenever  any  person  receiving  any 
benefits  from  said  fund  shall  be  convicted  of  any  felony  or  of  any  misde- 
meanor of  which  he  or  she  shall  be  adjudged  to  be  imprisoned;  or  shall  fail 
to  report  for  examination  as  required  herein,  unless  excused  by  the  board  ol 
trustees  of  the  Indiana  state  teachers'  retirement  fund,  or  shall  disobey  the 
requirements  of  said  board  of  trustees  in  respect  to  said  examinat  on,  then 
such  board  may  order  that  the  annuity  allowed  and  paid  to  him  or  to  her 
shall  cease.  * 

941.  Subsequent  Applications.     22.     Any  teacher  teaching  in  any 
unit  of  the  state  at  the  time  such  unit  elects  to  come  under  the  provisions 
of  this  act,  who  does  not  at  that  time  make  application  as  provided  under  this 
act,  may  make  such  application  at  any  subsequent  time,  provided  that  with 
such  application  there  is  submitted  full  payment  of  all  arrearages  for  time  to 
which  such  teacher  is  entitled  as  credits  under  this  act,  together  with  five 
per  cent,  compound  interest  on  same  from  the  date  at  which  such  teacher 
had  first  opportunity  to  come  under  the  provisions  of  this  act. 

B.    Indianapolis  Law. 

[Acts  1907,  p.  268.    Approved  March  9,  1907.] 

942.  Teachers'  Pension  Fund — Trustees.     1.     In  every  city  in  th( 
State  of  Indiana  having  a  population  of  100,000  or  more,  according  to  th< 
last  preceding  United  States  census,  there  shall  be,  and  is  hereby,  created  a 
teachers'  pension  fund,  which  shall  be  governed  and  managed  by  a  board  o 
trustees,  to  be  composed  of  seven  members,  as  follows:    Three  members  o 
the  board  of  school  commissioners  of  such  city,  to  be  selected  or  appointee 
annually  by  such  board,  the  superintendent  of  public  schools,  one  principal  am 
two  teachers  regularly  employed  in  the  public  schools  of  such  city.     Saic 
principal  and  teachers  shall  be  selected  at  a  meeting  of  the  public  schoo 
teachers  of  such  city  on  the  third  Saturday  of  March,  1907,  in  such  manner 
and  at  such  place  or  places  as  shall  be  determined  and  designated  by  th< 
board  of  school  commissioners  of  such  city;  and  thereafter  thepe  shall  be 
selected  on  the  third  Saturday  of  March  of  each  year  one  principal  and  two 
teachers  as  members  of  such  board  of  trustees.    The  trustees  shalbhold  their 
offices  until  their  successors  shall  be  selected  or  elected  as  above  set  forth 
In  the  event  of  a  vacancy  upon  said  board  occasioned  by  the  death,  resigna- 
tion or  disability  of  either  of  said  principal  or  teachers,  then  the  p  iblic  schoo 
teachers  of  said  Mty  shall,  within  a  reasonable  time,  upon  the  call  of  the  presi- 
dent of  said  board  of  trustees,  hold  a  special  meeting  and  elect  a  successor 


SCHOOL    LAWS    OF    INDIANA  36-1 

or     iccessors.     A  majority  of  said  trustees  shall  Constitute  a  quorum  for 
the  transaction  of  business  pertaining  to  said  pension  fund.    Said  tr 
sha  .  receive  no  pay  for  their  services  as  such,  except  the  secretary  and  ; 
tan    treasurer,  each  of  whom  may  be  paid  such  sum  for  services  as  may  be 
fixt  I  by  the  board  of  trustees:     Provided,  however,  That  if  any  one  shall  art 
as    jch  secretary  or  assistant  treasurer  who  shall  receive  any  of  the  benefits 
of    lid  pension  fund,  as  hereinafter  provided,  the  amount  of  the  salary  so 
re.    i\e<l  by  s-ich  secretary  or  assistant  treasurer  shall  l>e  deducted  from  the 
am  unt  to  which  he  or  she  would  otherwise  be  entitled  as  a  beneficiary  under 
sai'  fund.    (§6555a.) 

M3.  Officers — Duties.  2.  Said  board  of  trustees  shall  elect  from  amon? 
its  number  a  president,  vice-president  and  se"retary.  The  president  shall 
pr<  dde  at  the  meetings  of  the  board  and  perform  all  other  duties  usual  to 
su<  a  office.  The  vice-president  shall  perform  the  duties  of  the  president  in 
hi>  absence.  It  shall  be  the  duty  of  the  secretary  to  keep  a  true  and  accurate 
aci  ount  of  the  proceedings  of  such  board  o"  trustees  and  of  the  teachers  of 
su«  h  city,  when  acting  upon  matters  with  relation  to  said  fund,  and  to  turn 
ov  r  to  his  or  her  successor  all  books  and  papers  pertaining  to  such  office. 
Tl  ?  secretary  of  the  board  of  school  commissioners  of  s  ich  city  shall  a«-t  as 
as;  istant  treasurer,  and  it  shall  be  his  duty  to  keep  a  true  and  correct  state- 
m<  nt  of  the  account  of  each  member  with  said  pension  fund,  to  colle<  t  and 
tu  n  over  to  the  treasurer  of  said  board  all  moneys  belonging  to  said  fund, 
an  1  to  render  to  the  board  a  monthly  account  of  his  doings.  He  shall  furnish 
bo  id  in  such  amount  as  shall  be  determined  and  required  by  &aid  board  of 
tri  istees,  and  the  board  of  school  commissioners  of  such  city  shall  allow  him 
su  ?h  compensation  for  his  services  as  it  may  deem  proper.  The  treasurer  of 
su  ?h  city  shall  be  ex  officio  the  treasurer  of  said  board  of  trustees,  and  he  shall 
re  •(  ive  and  hold  all  moneys  belonging  to  such  teachers'  pension  fund;  he  shall 
hi  ve  the  custody  of  all  notes,  bonds  and  other  securities  belonging  to  said 
h.  tid,  and  shall  collect  the  principal  and  interest  of  the  same  and  shall  be 
lij  ble  on  his  bond  as  such  city  treasurer  for  the  performance  of  all  the  duties 
in  iposed  upon  him  by  this  act  and  for  the  faithful  accounting  of  all  moneys  and 
si  :-urities,  including  both  principal  and  interest,  which  may  come  into  his 
hunds  and  which  shall  belong  to  such  pension  fund.  And  he  shall  keep  a 
separate  account  whi.^h  shall  show  at  all  times  the  true  condition  of  sucli 
ft  iid.  Said  treasurer  shall,  upon  the  expiration  of  his  term  of  office,  account 
to  said  board  for  all  moneys,  notes,  bonds  and  other  securities  coming  into 
h  s  hands,  and  for  the  interest,  income,  profits,  rentals  and  proceeds  of  and 
fiom  the  same,  and  he  shall  turn  over  to  his  successor  all  moneys,  notes, 
b  mds  and  other  securities  belonging  to  said  fund.  The  secretary,  treasurer 
a  ad  assistant  treasurer  shall  make  a  full,  true,  and  accurate  report  of  their 
offices  and  trusts  at  each  annual  meeting  of  such  teachers  in  March  of  each 
y  ear.  Their  books  shall  at  all  times  be  open  to  inspection  or  examination  by 
a  ny  member  of  said  board  of  trustees.  (§6555b.) 

I  (Acts  1915,  p.   128.) 

944.      Teachers — Pension   Fund — Control — Assessment — Levy.      3. 

£>uch  board  of  trustees  shall  have  full  charge  and  control  of  the  teachers' 
I>ension  fund  of  such  city,  with  power  to  adopt  and  enforce  all  needful  regula- 


362  SCHOOL    LAWS    OF    INDIANA 

tions  governing  the  same,  not  inconsistent  with  this  act.    Said  fund  shall  be 
derived  from  the  following  sources : 

First.  All  moneys  that  may  be  given  to  said  board  of  trustees  or  to  saic 
fund  or  to  the  board  of  school  commissioners  of  such  city,  for  the  use  of  saic 
board  of  trustees  of  teachers'  pension  fund,  by  any  person  or  persons.  Such 
board  of  trustees  may  take  by  gift,  grant,  devise  or  bequest,  any  money 
choses  in  action,  personal  property,  real  estate  or  any  interest  therein,  anc 
any  such  gift,  grant,  devise  or  bequest  may  be  absolute  or  upon  conditions 
that  only  the  rent,  profits  and  income  arising  from  the  same  shall  be  appliec 
to  the  uses  and  purposes  of  said  fund.  Such  board  of  trustees  shall  be  author- 
ized to  take  such  gift,  grant,  devise  or  bequest  under  and  by  the  style  of  the 
board  of  trustees  of  the  teachers'  pension  fund,  of  such  city,  and  to  hold  the 
same  or  assign,  transfer  or  sell  the  same,  whenever  proper  and  necessary 
under  and  by  such  name. 

Second.  Every  teacher  shall  be  assessed  upon  his  or  her  salary  as  follows 
One  per  cent  per  annum  (but  not  more  than  $10)  upon  the  salary  ol 
every  teacher  who  shall  not  have  taught  in  excess  of  fifteen  (15)  years;  ami 
two  per.  cent  per  annum  (but  not  to  exceed  $20)  upon  the  salary  of  every 
teacher  who  shall  have  taught  longer  than  fifteen  (15)  years:  Provided, 
however,  That  such  assessment  shall  not  be  made  prior  to  the  first  day  oi 
September,  1907.  And  the  assistant  treasurer  of  such  board  of  trustees  shali 
prepare  a  roll  of  each  of  said  assessments  and  place  opposite  the  name  oj 
every  teacher  the  amount  of  assessment  against  him  or  her,  and  shall  furnish 
a  copy  of  such  roll  to  the  treasurer,  and  the  treasurer  of  said  board  shall,  in 
November  and  April  of  each  school  year,  deduct  and  retain  out  of  the  salary 
going  to  such  teacher  the  amount  of  such  assessment,  and  shall  give  him  or 
her  credit  for  the  same  to  the  credit  of  said  teachers'  pension  fund.  Every 
teacher  of  such  city  receiving  a  salary  of  four  hundred  fifty  dollars  ($450)  a 
year  or  more  shall  pay  such  assessment,  and  in  becoming  a  teacher  he  or  she 
shall  be  conclusively  deemed  to  undertake  and  agree  to  pay  the  same,  and  to 
have  such  assessment  deducted  from  his  or  her  salary  as  hereinbefore  pro- 
vided. 

Third.  The  board  of  school  commissioners  of  such  city  shall  levy  each  year, 
in  addition  to  all  other  taxes  authorized  by  law,  a  special  tax  of  one  and  one- 
fourth  cents  upon  each  one  hundred  dollars  of  taxable  property  in  the  city, 
which  sum  shall  be  collected  as  other  taxes  are  collected  by  law,  and  which 
shall  be  credited  by  the  treasurer  of  such  city  to  the  said  teachers'  pension 
fund,  and  shall  not  be  used  or  devoted  to  any  other  than  the  purpose  of  said 
fund:  Provided,  however,  Said  board  of  school  commissioners  may  reduce 
said  special  tax  to  one  cent  upon  each  one  hundred  dollars  of  taxable  property 
after  a  period  of  ten  (10)  years  after  September  1,  1914.  if  in  its  opinion,  the 
accumulated  fund  derived  as  aforesaid  is  sufficient  to  justify  such  action. 
Nothing  in  this  act  shall  be  deemed  to  take  from  said  board  of  school  com- 
missioners the  powers  now  given  to  said  board  in  relation  to  the  levy  of  taxes 
under  existing  statutes. 

945.  Investment  of  Funds.  4.  The  board  of  trustees  of  such  teachers' 
pension  fund  shall  determine  what  part  of  said  fund  may  be  safely  invested, 
and  how  much  shall  be  retained  for  the  immediate  needs,  demands  and  exi- 
gencies of  said  fund.  Such  investment  shall  be  made:  (1)  In  interest  bearing 


SCHOOL   LAWS    OF   INDIANA  363 

bo  ds  of  the  United  States,  or  of  the  State  of  Indiana,  or  in  any  bond  lawfully 
iss  ed  by  any  state  or  by  any  county,  township,  city  or  other  municipal 
Co;  ^oration,  either  within  or  without  the  State  of  Indiana;  (2)  loa> 
by  mortgage  upon  real  estate  within  the  county  wherein  such  city  is  located, 
wl  ch  loans  shall  not  be  in  excess  of  fifty  per  cent  of  the  appraised  value  of 
su  h  real  estate.  All  bonds,  mortgages  and  other  securities  shall  be  deposited 
w  h  and  remain  in  the  custody  of  the  treasurer  of  said  board,  who  shall  collect 
al  interest  due  thereon,  and  all  the  income  therefrom,  as  the  same  shall  be- 
er ue  due  and  payable. 

<M6.  Sinking  Fund.  5.  The  board  of  trustees  of  such  teachers'  pension 
fi  id  shall  establish  a  sinking  fund,  to  the  credit  of  which  shall  be  put  and 
d  posited  all  gifts,  grants,  devises  and  bequests,  and  the  unexpended  balance 
r<  naining  at  the  expiration  of  each  fiscal  year.  And  such  sinking  fund  shall 
b  and  remain  a  permanent  fund,  and  no  part  thereof  shall  be  expended  except 
t  e  interest  and  income  thereof  and  therefrom:  Provided,  however,  That 

0  le-half  of  the  amount  added  to  such  sinking  fund  during  any  year  may  be 
u  ;ed  if  necessary,  during  the  year  immediately  following. 

[Acts  1915,  p.   129.] 

947.     Fixing  Pensions.    6.     Said  teachers'  pension  fund  shall  be  used 

1  nd  devoted  in  the  manner  and  to  the  purposes  following: 

First.  The  maximum  pension  to  be  paid  any  teacher  shall  be  six  hundred 
<  ollars  ($(500.00)  per  annum,  which  amount  shall  be  based  upon  a  service  of 
f  :>rty  (40)  years  as  such  teacher  and  every  pensioner  and  beneficiary  of  said 
land  shall  be  entitled  to  and  shall  receive  such  percentage  of  said  sum  of 
s600  as  the  number  of  years  of  teaching  of  said  pensioner  and  beneficiary, 
.  hall  bear  to  the  term  of  forty  years,  subject,  however,  to  all  the  provisions 
of  this  a 

ond.  Any  aged,  infirm,  diseased  or  disabled  teacher,  who  is  now  or 
lereafter  may  be  teaching  in  the  public  schools  of  such  city,  having  served 
is  such  teacher  for  not  less  than  fifteen  years,  shall  be  entitled  to  receive  a 
disability  pension:  Provided,  Such  board  of  trustees  shall  find  that  he  or 
she  is  entitled  to  the  same  by  reason  of  such  age,  disease,  infirmity  or  disa- 
bility, and  after  such  applicant  for  a  pension  shall  have  been  examined  by  a 
physician  selected  for  such  purpose  by  said  board  of  trustees,  the  examination 
fee  or  charge  of  such  physician  shall  be  paid  by  the  applicant:  And,  provided 
further,  That  no  such  pension  shall  be  paid  until  any  sick  pay  allowed  or  pro- 
vided for  by  the  board  of  school  commissioners  of  such  city  shall  have 
ceased. 

Third.  Any  teacher  who  is  now  or  hereafter  may  be  teaching  in  the 
public  schools  of  such  city,  and  shall  have  taught  for  not  less  than  t  \\eiity- 
five  (25)  years,  may  be  pensioned  upon  application  to  said  board  of  trustees, 
or  may  l>e  pensioned  by  such  board  without  such  application  and  shall  tliere- 
afterreoeivea  pension  during  the  remainder  of  his  or  her  life,  subject,  however, 
to  all  the  conditions  contained  in  this  act:  Provided,  That  such  pensioner 
shall  have  paid  into  said  fund,  by  way  of  assessment  or  otherwi>e.  not  ten 
than  one-third  (1-3)  of  the  amount  to  which  he  or  she  shall  be  entitled  per 
annum  as  a  pension.  And  in  order  to  make  up  such  one-third,  the  board  of 

rtees  may  order  the  treasurer  to  deduct  one-half  thereof  from  each  of  the 


364  SCHOOL    LAWS    OF    INDIANA 


has 


first  two  years  of  such  pension:  Provided,  further,  Any  teacher  who 
taught  not  less  than  twenty-five  (25)  years  as  aforesaid  but  who  shall  have 
retired  prior  to  the  taking  effect  of  this  act,  towit,  on  the  ninth  day  of  March, 
1907,  shall  be  entitled  to  the  benefits  of  said  pension  fund  in  the  same  amount 
and  upon  the  same  conditions  as  if  they  were  still  teaching  at  the  time  said 
act  took  effect  on  March  9,  1907:  Provided,  however,  further,  That  inasmuch 
as  such  teachers  never  contributed  by  way  of  assessment  to  said  fund,  never 
having  had  an  opportunity  to  do  so,  that  the  amount  of  their  pension  bene- 
fits shall  be  paid  exclusively  out  of  the  moneys  contributed  by  such  city  frpm 
the  taxes,  and  no  part  of  said  fund  contributed  by  the  assessment  of  teachers 
shall  be  used  for  paying  pensions  to  such  teachers;  nothing  herein  contained 
shall  be  construed  as  entitling  teachers  who  retired  prior  to  March  ninth, 
1907,  to  the  disability  pension,  as  provided  in  clause  two  of  this  section;  nor 
shall  anything  herein  be  construed  as  entitling  said  teachers  who  retired 
prior  to  March  9th,  1907,  aforesaid,  to  a  pension  prior  to  the  passage  of  this 
amendment.  Provided  further,  That  no  pension  of  any  kind  provided  herein 
for  teachers  who  retired  prior  to  March  9,  1907,  shall  accrue,  or  be  payable  or 
paid,  prior  to  June  1,  1916,  when  the  additional  levy  becomes  available. 

948.  Years  of  Service — How  Computed.     7.     In  computing  years  of 
service  as  provided  in  this  act,  the  board  of  trustees  may  include  services  as 
a  public  school  teacher  rendered  outside  of  such  city,  not,  however,  in  excess 
of  five  (5)  years,  as  a  portion  of  such  services  necessary  before  any  teacher 
shall  be  entitled  to  any  of  the  benefits  of  this  act:     Provided,  however,    That 
such  teacher  shall  pay  assessments  based  upon  the  first  annual  salary  received 
by  him  or  her  in  the  schools  of  such  city  for  the  said  years  of  service  elsewhere, 
in  addition  to  the  assessments  paid  by  such  teacher  while  in  the  service  of 
such  schools,  before  receiving  any  retirement  pension:    And,  provided  further, 
That  nothing  in  this  section  shall  affect  the  amount  or  amounts  to  be  paid 
into  such  pension  fund  by  school  teachers  before  being  entitled  to  become  a 
pensioner.    And  any  teacher  may  be  given  leave  of  absence  for  study,  pro- 
fessional improvement  or  temporary  disability  not  exceeding  one  year  at  any 
one  time,  and  shall  be  regarded  as  a  teacher  and  entitled  to  the  benefits  of 
this  act:    Provided,  That  during  such  absence  he  or  she  continues  to  pay  into 
such  fund  the  amount  of  assessment  payable  by  such  teacher  the  last  pre- 
ceding such  leave  of  absence.     (§6555g.) 

949.  Pensioners — Re-Examination.    8.    After  any  teacher  shall  have 
been  pensioned,  by  reason  of  injury,  disability  or  disease,  the  board  of  trustees 
shall  have  the  right  at  any  time  to  cause  such  teacher  again  to  be  brought  be- 
fore such  board  and  examined  by  its  physician,  and  also  to  examine  other 
witnesses,  for  the  purpose  of  ascertaining  whether  such  injury,  disability  or 
disease  shall  still  continue  and  whether  such  teacher  shall  remain  on  the  pen- 
sion roll.    Such  teacher  shall  be  entitled  to  notice  and  to  be  present  at  the 
hearing  of  such  evidence;  shall  be  permitted  to  propound  any  question  per- 
tinent or  relevant  to  such  matter,  and  shall  also  have  the  right  to  introduce 
evidence  upon  his  or  her  own  behalf.    Such  teacher  and  all  witnesses  shall  be 
examined  under  oath,  and  any  member  of  such  board  of  trustees  is  hereby 
authorized  and  empowered  to  administer  such  oath.     The  decision  of  such 
board  of  trustees  shall  be  final  and  conclusive,  and  no  appeal  shall  be  allowed 
therefrom,  nor  shall  the  same  be  reviewed  by  any  court  or  other  authority: 


SCHOOL    LAWS    OF   INDIANA  365 

P  ovided,  however,  That  every  pensioned  teacher  shall  report  to  the  super- 
si  )erintendent  of  public  schools  of  such  city  win-never  required  so  to  do. 
A  id  said  superintendent  may  assign  S.K-JI  teacher  to  such  ser\  ice  or  employ- 
on  mt  as  may  he  within  his  or  her  power  to  perform,  in  the  judgment  of  SIK-M 
S'  perintendent  of  public  schools  and  of  the  examining  physician  employed 
b  said  board  of  trustees.  And  during  the  time  of  such  employment  such 
t  icher  shall  receive  the  regr.lar  salary  therefor,  which  shall  be  credited  to 
a  id  deducted  from  the  amount  payable  to  s;ich  teacher  from  said  pension 
f  nd.  And  should  any  pension  teacher  recover  from  his  or  her  injury, 
ri  sease  or  disability,  and  again  be  fit  for  regular  duty,  then  such  teacher 
i  ay  again  he  regularly  employed,  and  during  the  time  of  such  employment, 
1  3  or  she  shall  cease  to  be  entitled  to  any  payment  out  of  said  pension  fund 
1  cause  of  the  injury,  disease  or  disability  on  account  of  which  such  teacher 
^  as  originally  retired.  (§6555h.) 

950.  Service  Pension.     9.     Any  teacher  applying  to  be  pensioned  by 
i  aason  of  length  of  time  of  service  as  in  this  act  provided,  shall  be  pensioned 
.  nd  retired  wit  ho  it  any  medical  examination,  nor  need  he  or  she  be  -inder  any 

•hysical  disability,  and  from  the  time  of  such  pension  and  retirement 
eacher  shall  not  be  required  to  render  further  services  as  such  teacher,  nor 
hall  he  or  she  be  deprived  of  the  benefits  herein  provided,  except  for  any  cause 
ontained  in  section  16  of  this  act.    (§6555i.) 

951.  Computing  Time.     10.    In  computing  time  under  the  provisions 
>f  this  act,  such  time  shall  include  service  rendered  before,  as  well  as  after, 
he  taking  effect  of  this  act.    (§6555j.) 

'M2.  Trustees — By-laws.  11.  The  board  of  trastees  shall  have  the 
power  and  authority  to  make  all  necessary  by-laws  providing  for  the  manner 
of  the  election  of  such  trastees,  to  be  elected  as  in  this  act  provided,  tr  e  count- 
ing and  oanvaBsing  of  the  votes  for  the  same,  their  meetings,  for  the  collection 
of  all  moneys  and  other  property  coming  or  belonging  to  said  fund,  and  all 
other  matters  connected  with  the  care,  preservation  and  disbursement  of  the 
same,  and  the  proper  execution  of  the  purposes  and  provisions  of  this  act. 
And  any  pension  authorized  by  the  board  under  this  law  shall  be  subj« 
reduction  by  said  board  of  trustees  whenever  in  its  judgment  the  condition 
of  tie  pension  fund,  the  financial  or  other  conditions  of  tl'e  pensioner  or  any 
other  circumstances  render  such  reduction  advisable,  proper  or  necessary, 
and  any  pension  so  reduced  may  thereafter  be  restored  or  increased,  as  such 
board  may  deem  best.  (§6555k.) 

953.  Pa>MMnt>  W  hen  Kefiuulcd  in  Part.  12.  Any  teacher  who  shall 
cease  to  teach  in  the  public  schools  of  such  city  before  receiving  any  benefit 
from  the  fund,  shall  he  entitled  to  the  return  of  one-half  of  the  amount, 
without  interest,  which  shall  have  been  paid  into  said  pension  fund  by  such 
teacher:  l'm,-itltil.  Imircver,  Should  such  teacher  thereafter  again  teach  in 
the  public  schools  of  such  city,  he  or  she  shall  refund  to  said  pension  fund  the 
amount  so  returned  to  sndi  teacher  within  one  year  from  the  date  of  his  or 
her  return  to  service  in  the  x-hools.  And  should  any  teacher  die  In -fore  re- 
ceiving any  of  the  benefits  or  pen-ions  by  this  a-t  provided,  the  board  of  trus- 
tees shall  pay  to  such  teacher's  heirs  or  estate,  or  either  or  any  of  them,  as 


UC1V1II&   CV11 

tees  shall 


366  SCHOOL   LAWS    OF   INDIANA 

it  shall  see  fit,  one-half  the  amount  without  interest  which  shall  have  been 
paid  into  said  pension  fund  by  said  teacher.    (§65551.) 

954.  Deficiency — Pro  Rata  Payments.      13.     If  at  any  time  there 
should  not  be  sufficient  money  in  or  to  the  credit  of  said  teachers'  pension 
fund  to  pay  all  claims  against  it  in  full,  then  and  in  such  event,  an  equal  per- 
centage shall  be  paid  upon  all  such  claims  to  the  full  extent  of  the  funds  on 
hand,  until  such  pension  fund  shall  be  sufficient  to  pay  all  claims  against  it 
in  full.    (§6555m.) 

955.  Place  of  Payment.     14.    All  pensions  herein  provided  for  shall  be 
paid  by  the  treasurer  of  the  board  of  school  commissioners  at  his  office  at 
the  same  time  and  in  such  instalments   as  the  teachers  of  such  city  shall  be 
paid:     Provided,  however,  That  no  pension  of  any  kind  whatsoever  provided 
for  in  this  act  shall  be  paid  prior  to  October  1,  1908.    (§6555n.) 

956.  Pensions  Exempt  from  Seizure.     15.    All  pensions  granted  and 
payable  out  of  said  teachers'  pension  fund  shall  be  and  are  exempt  from 
seizure  or  levy  upon  attachment,  execution,  supplemental  process,  and  all 
other  process,  whether  mesne  or  final;  and  such  pensions  or  any  payment  of 
the  same  shall  not  be  subject  to  sale,  assignment  or  transfer  by  any  bene- 
ficiary, and  such  transfer  shall  be  absolutely  void.     (§6555o.) 

957.  Cancellation  of  Pension.     16.     Whenever  any  such  person  who 
shall  have  received  any  benefit  from  said  fund  shall  be  convicted  of  any 
felony,  or  of  any  misdemeanor  for  which  he  or  she  shall  be  adjudged  to  be 
imprisoned,  or  shall  fail  to  report  for  examination  for  duty  as  required  herein, 
unless  excused  by  the  board  of  trustees  of  such  city,  or  shall  disobey  the 
requirements  of  said  board  of  trustees  in  respect  to  said  examination  for  duty 
or  shall  fail  to  perform  such  duty  as  may  be  required  of  him  or  her  if  found 
able  to  perform  such  duty,  then  such  board  shall  order  that  the  pension  al- 
lowed and  paid  to  him  or  her  shall  cease  until  the  further  ordei  of  such  board. 
(§6555p.) 

958.  Teacher  Defined.     17.    The  term  teacher  as  used  in  this  act  shall 
mean  and  include  any  principal,  assistant  principal,  assistant  superintendent, 
supervisor,  assistant  supervisor,  persons  in  charge  of  any  special  department 
of  instruction,  and  any  teacher  or  instructor  regularly  employed  as  such  by 
the  board  of  school  commissioners  of  such  city.    ( §6555q.) 

C.    Terre  Haute  Law. 

[Acts,   1913,  p.  214.] 

959.  Teachers'  Pension  Fund — Terre  Haute — Board  of  Commis- 
sioners.   1.    That  in  every  city  in  the  State  of  Indiana,  having  a  population 
of  not  less  than  55,000  nor  more  than  60,000,  according  to  the  last  preceding 
United  States  census,  there  shall  be,  and  is  hereby  created  a  teachers'  retire- 
ment fund,  which  shall  be  governed  and  managed  by  a  board  of  commis- 
sioners, to  be  composed  of  five  members,  as  follows : 

The  president  of  the  board  of  school  trustees  of  such  city,  the  superin- 
tendent of  public  schools,  one  principal  and  two  teachers  regularly  employed 
in  the  public  schools  of  such  city.  Said  principal  and  teachers  shall  be  selected 


SCHOOL    LAWS    OF    INDIANA  367 

a  a  meeting  of  the  public  school  teachers  of  such  city  on  tin-  fourth  Saturday 
o  March,  1913,  in  such  manner  and  at  such  place  or  pla<-,-  a-  -hall  !><•  deter- 
ri  ined  and  designated  by  the  board  of  school  trustees  of  such  city;  and  there- 
a  ter  there  shall  be  selected  on  the  fourth  Saturday  of  March  of  each  year 

0  ie  principal  and  two  teachers  as  members  of  such  board  of  commission. 
r\  he  commissioners  shall  hold  their  offices  until  then-  successors  shall  I 

1  cted  or  elected  as  above  set  forth.     In  the  event  of  a  vacancy  upon  said 
1  Dard  occasioned  by  the  death,  resignation  or  disability  of  either  of  said 
i  rincipal  or  teachers,  then  the  public  school  teachers  of  said  city  shall,  within 
.    reasonable  time,  upon  the  call  of  the  president  of  said  board  of  commis- 

.oners,  hold  a  special  meeting  and  elect  a  successor  or  successors.  A  ma- 
.  jrity  of  said  commissioners  shall  constitute  a  quorum  for  the  transaction  of 
usiness  pertaining  to  said  retirement  fund.  Said  commissioners  shall  receive 
10  pay  for  then*  services  as  such,  except  the  secretary  and  assistant  treasurer, 
ach  of  whom  may  be  paid  such  sums  for  services  as  may  be  fixed  by  the  board 
•f  commissioners:  Provided, 'however.  That  if  any  one  shall  act  as  such 
ecretary  or  assistant  treasurer  who  shall  receive  any  of  the  benefits  of  said 
•etirement  fund,  as  hereinafter  provided,  the  amount  of  the  salary  so  received 
jy  such  secretary  or  assistant  treasurer  shall  be  deducted  from  the  amount 
to  which  he  or  she  would  otherwise  be  entitled  as  a  beneficiary.  ( §6555r.) 

960.  Duties  of  Board  and  Officers.  2.  Said  board  of  commissioners 
shall  elect  from  among  its  number  a  president,  vice-president  and  secretary. 
The  president  shall  preside  at  the  meetings  of  the  board  and  perform  all  other 
duties  usual  to  such  office.  The  vice-president  shall  perform  the  duties  of  the 
president  in  his  absence.  It  shall  be  the  duty  of  the  secretary  to  keep  a  true 
and  accurate  account  of  the  proceedings  of  said  board  of  commissioners,  and 
of  the  teachers  of  such  city  when  acting  upon  matters  with  relation  to  said 
fund,  and  to  turnover  to  his  or  her  successor  all  books  and  papers  pertaining  to 
such  office.  The  secretary  of  the  superintendent  of  schools  of  such  city  shall 
act  as  assistant  treasurer,  and  it  shall  be  his  or  her  duty  to  keep  a  true  and 
correct  statement  of  the  account  of  each  member  with  said  retirement  fund,  to 
collect  and  turn  over  to  the  treasurer  of  said  board  all  moneys  belonging  to  said 
fund,  and  to  render  to  the  board  a  monthly  account  of  his  or  her  doings.  He 
or  she  shall  furnish  bond  in  such  amount  as  shall  be  determined  and  required 
by  said  board  of  commissioners  and  the  board  of  commissioners  shall  allow 
him  or  her  such  compensation  for  his  or  her  services  as  it  may  deem  proper. 
The  treasurer  of  such  city  shall  be  ex-officio  the  treasurer  of  said  board  of 
commissioners,  and  he  shall  receive  and  hold  all  moneys  belonging  to  such 
treasurer's  retirement  fund;  he  shall  have  the  custody  of  all  notes,  bonds  and 
other  securities  belonging  to  said  fund,  and  shall  collect  the  principal  and 
interest  of  the  same  and  shall  be  liable  on  his  bond  as  such  city  treasurer  for 
the  performance  of  all  the  duties  imposed  upon  him  by  this  act  and  for  the 
faithfi'l  accounting  of  all  moneys  and  securities,  including  both  principal  and 
interest  vJiich  may  come  into  his  hands  and  which  shall  belong  to  such 
retirement  fund.  And  he  shall  keep  a  separate  account  which  shall  show  at 
all  times  the  true  condition  of  such  funds.  Said  treasurer,  shall  upon  the 
expiration  of  his  term  of  oflicc.  account  to  said  board  of  commissioners  for  all 
moneys,  notes,  bonds,  and  other  securities  coming  into  his  hands,  and  for  tin- 
interest,  income,  profits,  rentals  and  pro.-,  (d>  of  and  from  the  same,  and  he 


368  SCHOOL    LAWS    OF    INDIANA 

shall  turn  over  to  his  successor  all  moneys,  notes,  bonds  and  other  securities 
belonging  to  said  fund.  The  secretary,  treasurer  and  assistant  treasurer  shall 
make  a  full,  true  and  accurate  report  of  their  offices  and  trusts  at  each  annual 
meeting  of  such  teachers  in  March  of  each  year.  Their  books  shall  at  all 
times  be  open  to  nspection  or  examination.  (§6555s.) 

961.  Pension  Fund — How  Controlled.  3.  Such  board  of  commis- 
sioners shall  have  full  charge  and  control  of  the  teachers'  retirement  fund  of 
such  city  with  power  to  adopt  and  enforce  all  needful  regulations  governing 
the  same,  not  inconsistent  with  this  act.  Such  fund  shall  be  derived  from  the 
following  sources : 

First.  All  money  that  may  be  given  to  said  board  of  commissioners  or  to 
said  fund  or  to  the  board  of  school  trustees  of  such  city,  for  the  use  of  said 
board  of  commissioners  of  teachers'  retirement  fund,  by  any  person  or  persons. 
Such  board  of  commissioners  may  take  by  gift,  grant,  devise  or  bequest,  any 
money,  choses  in  action,  personal  property,  real  estate,  or  any  interest  therein, 
and  any  such  gift,  grant,  devise  or  bequest,  may  be  absolute,  or  upon  the 
condition  that  only  the  rent,  profits  and  income  arising  from  the  same  shall 
be  applied  to  the  uses  and  purposes  of  said  fund.  Such  board  of  commis- 
sioners shall  be  authorized  to  take  such  gift,  grant,  devise  or  bequest,  under 
and  by  the  style  of  the  board  of  commissioners  of  the  teachers'  retirement 
fund,  of  such  city,  and  to  hold  the  same,  or  assign,  transfer  or  sell  the  same, 
whenever  proper  and  necessary,  under  and  by  such  name. 

Second.  Every  teacher  electing  to  accept  the  provisions  of  this  act  shall 
be  assessed  upon  his  or  her  salary  as  follows:  For  the  first  twelve  years  of 
teaching  service,  $10.00  per  year;  for  the  next  eight  years  of  teaching  service, 
$20.00  per  year;  for  each  subsequent  year  of  teaching  service,  not  exceeding 
thirty  years  in  all,  $25.00  per  year.  Members  who  have  paid  the  fees  for  thirty 
years  of  teaching  service,  shall  not  be  required  to  pay  any  additional  fees 
however  long  thereafter  they  may  remain  in  the  employ  of  the  board  of  school 
trustees.  These  rates  shall  be  paid  in  equal  payments  corresponding  with  the 
second,  fourth,  sixth  and  eighth  months  of  the  year  for  which  teachers' 
salaries  are  paid.  Teachers  accepting  the  provisions  of  this  act  shall  be  re- 
quired to  pay  arrearages  at  the  above  rate  with  interest  at  4  per  cent,  per 
annum  for  such  time  of  service  as  they  are  authorized  to  have  recognized 
under  the  provisions  of  this  act:  Provided,  That  any  teacher  entitled,  under 
the  provision^  of  this  act.  to  a  credit  for  one  or  more  years  of  teaching  service 
at  the  time  when  he  or  she  elects  to  accept  the  provisions  of  this  act,  may 
waive  his  or  her  right  to  such  credit  and  pay  only  current  rates  from  the  time 
when  the  membership  begins,  and  receive  no  credit  for  previous  service. 
Such  arrearages  may  be  paid  in  cash  during  the  first  year  or  may  be  paid  in 
five  equal  installments  with  interest  at  the  rate  of  5  per  cent,  per  annum, 
payable  annually,  upon  the  deferred  installments;  and  in  case  the  latter  op- 
tion is  taken,  interest  upon  the  deferred  installments  shall  commence  at  the 
end  of  the  first  year  after  electing  to  accept  the  provisions  of  this  act.  Pro- 
vided, further,  That  in  case  any  teacher  is  retired  before  he  or  she  has  paid  in 
fees  a  sum  equal  to  one-half  of  the  maximum  annuities  to  which  he  or  she 
would  be  entitled,  then  and  in  that  case  there  shall  be  deducted  from  the  an- 
nuity to  be  paid  to  such  retired  teacher  during  the  first  year,  such  sum  as 
will  make  the  total  amount  paid  by  such  teacher  one-half  of  the  maximum 


SCHOOL    LAWS    OF    INDIANA  369 

an  uity  to  which  he  or  she  is  entitled  and  the  remainder  of  fees  or  arrearages 
du  or  to  be  paid  by  s-/ch  retired  teacher  shall  be  payable  in  instalments  as 
he  einbef ore  set  forth. 

Third.  The  board  of  school  trustees  of  such  city  shall  levy  each  year,  in 
ad  lition  to  all  other  taxes  authorized  by  law,  a  special  tax  of  one-fourth  (%) 
of  me  mill  upon  each  one  dollar  ($1.00)  of  taxable  property  in  the  city.  \\  lii«-l, 
su  a  shall  be  collected  as  other  taxes  are  collected  by  law,  and  which  shall  be 
cr>  dited  by  the  treasurer  of  such  city  to  the  said  teachers'  retirement  fund, 
ai  1  shall  not  be  used  or  devoted  to  any  other  thaa  the  purposes  of  said  fund. 
A  d  nothing  in  this  act  shall  be  deemed  to  take  from  said  board  of  school 
tr  stees  the  powers  now  given  to  said  board  in  relation  to  the  levy  of  taxes 
ui  der  existing  statutes.  (§6555t.) 

962.  Funds — How  Invested.    4.    The  board  of  commissioners  of  such 
t(  ichers'  retirement  fijnd  shall  determine  what  part  of  said  fund  may  be 
s;  :ely  invested,  and  how  much  shall  be  retained  for  the  immediate  needs, 
d  mands,  and  exigencies  of  said  fund.    Such  investment  shall  be  made :      (1) 
I     interest-bearing  bonds  of  the  United  States,  or  of  the  State  of  Indiana, 

0  in  any  bond  lawfully  issued  by  any  state  or  county,  township,  city  or  other 
n  unicipal  corporation,  either  within  or  without  the  State  of   Indiana;     (2) 
L  >ans,  secured  by  mortgage  upon  real  estate  within  the  county  wherein  such 
c  ty  is  located,  which  loans  shall  not  be  in  excess  of  fifty  per  centum  of  the 
a  >praised  value  of  such  real  estate.    All  bonds,  mortgages  and  other  securities 
s  lall  be  deposited  with  and  remain  in  the  custody  of  the  treasurer  of  said 
b  Dard,  who  shall  collect  all  interest  due  thereon  and  all  the  income  therefrom, 
a  i  the  same  shall  become  due  and  payable.    ( §6555u.) 

963.  Sinking  Fund.    5.    The  board  of  commissioners  of  such  teacher's 
r3tirement  fund  shall  establish  a  sinking  fund,  to  the  credit  of  which  shall 
le  put  and  deposited  all  gifts,  grants,  devises  and  bequests,  and  the  unex- 

1  ended  balance  remaining  at  the  expiration  of  each  fiscal  year,  and  such 
sinking  fund  shall  be  and  remain  a  permanent  fund,  and  no  part  thereof 
shall  be  expended  except  the  interest  and  income  thereof  and  therefrom: 
» ^rovided,  That  one-half  of  the  amount  added  to  such  sinking  fund  any  year 
may  be  used,  if  necessary,  during  the  year  immediately  following.    (§6555v.) 

964.  Pensions — How  Classified.     6.     Said  teachers'  retirement  fund 
shall  be  used  and  devoted  in  the  manner  and  for  the  purposes  as  follows: 
Any  person  electing  the  provisions  of  this  act  who  shall  have  rendered  twenty 
years  or  more  of  teaching  service  in  the  public  schools,  twelve  of  which  may 
lave  been  in  public  schools  outside  of  said  city  of  not  less  than  55,000  nor 
more  than  60,000  inhabitants,  according  to  the  last  preceding  United  States 
census,  who  ceases  to  be  in  the  employ  of  the  board  of  school  trustees  from  any 
cause,  shall  be  entitled  to  an  annuity  in  accordance  with  the  following  sched- 
ule: 

For  20  years  of  service $300 

For  21  years  of  service 325 

For  22  years  of  service 350 

For  23  years  of  service 375 

For  24  years  of  service 400 

For  25  years  of  service 430 

8654—24 


370  SCHOOL   LAWS    OF   INDIANA 

For  26  years  of  service 460 

For  27  years  of  service 490 

For  28  years  of  service 525 

For  29  years  of  service 560 

For  30  or  more  years  of  service 600 

Provided,  That  no  teacher  in  the  service  of  said  board  of  school  trustees  a1 
the  time  of  the  passage  of  this  act  may  be  credited  with  more  than  twenty- 
five  (25)  years  of  service.  Such  annuities  shall  be  paid  in  four  equal  payment 
as  follows:  On  January  first,  April  first,  July  first,  and  October  first,  of  eacl 
year.  In  the  event  that  any  teacher  electing  the  provisions  of  this  act  for  any 
reason  leaves  the  services  of  the  board  of  school  trustees  before  said  teacher 
has  been  credited  with  twenty  (20)  years  of  service,  such  teacher  shall  be 
entitled  to  withdraw  from  the  treasury  of  said  teachers'  retirement  fund,  such 
sum  as  will  equal  all  payments  made  by  such  teacher,  into  the  treasury  of  this 
fund  as  fees,  without  interest:  Provided,  further,  That  in  the  event  that  such 
teacher  subsequently  returns  to  the  employ  of  the  board  of  school  trustees, 
such  teacher  shall  be  required  to  refund  to  said  fund  the  amount  so  withdrawn, 
with  interest  thereon  at  the  rate  of  5  per  cent  per  annum,  such  sum  to  be  so 
refunded  witldn  one  (1)  year  from  the  date  of  his  or  her  return  to  service  in 
the  schools  of  said  city  of  not  less  than  55,000  nor  more  than  60,000  inhabi- 
tants. In  thf  event  of  the  death  of  any  teacher  electing  the  provision  of 
this  act,  before  such  teacher  has  been  retired  upon  an  annuity,  then  and  in 
that  case  the  heirs  or  legatees  of  such  deceased  teacher  shall  be  entitled  to  a 
sum  out  of  said  fund  equal  to  the  sum  paid  into  said  fund  by  such  deceased 
teacher,  without  interest :  Provided,  further,  That  no  teacher  retiring  before 
being  credited  with  thirty  (30)  years  of  service  may  be  enitled  to  an  annuity 
unless  such  teacher  be  granted  such  annuity  by  the  board  of  commissioners  of 
said  retirement  fund  at  the  time  of  such  retirement.  (§6555w.) 

965.  Time  of  Service — How  Computed.     7      In  computing  years  of 
service,  as  provided  in  this  act,  the  board  of  commissioners  may  include 
service  as  a  public  school  teacher  rendered  outside  of  such  city,  not,  however, 
in  excess  of  twelve  years,  as  a  portion  of  such  services  necessary  before  any 
teacher  shall  be  entitled  to  any  of  the  benefits  of  this  act:     Provided,  That 
nothing  in  this  section  shall  affect  the  amount  or  amounts  to  be  paid  into  such 
retirement  fund  by  teachers  before  being  entitled  to  an  annuity.    And  any 
teacher  may  be  given  a  leave  of  absence  for  study,  professional  improvement 
or  temporary  disability,  not  exceeding  one  (1)  year  in  seven  (7)  and  shall  be 
regarded  as  a  teacher  and  entitled  to  the  benefits  of  this  act :    Provided,  That 
during  such  absence  he  or  she  continues  to  pay  into  such  fund  the  amount  of 
assessment  payable  by  such  teacher  as  provided  in  the  schedule  in  section  6 
of  this  act.     (§6555x.) 

966.  Services  Before  Passage  of  Act.    8.    In  computing  time,  under  the 
provisions  of  this  act,  such  time  shall  include  services  rendered  before,  as  well 
as  after,  the  taking  effect  of  this  act.    And  the  full  term  or  year  of  school  in 
the  corporation  in  which  such  service  was  rendered  shall  constitute  a  year 
of  service  under  this  act.    (§6555y.) 

967.  By-laws  for  Management.  [9.    The_board  of  commissioners  shall 
have  the  power  and  authority  to  make  all  necessary  by-laws  providing  for 


SCHOOL    LAWS    OF    INDIANA  371 


th(  election  of  such  commissioners  to  be  elected  as  in  this  act  provided,  tho 
coi  iting  and  canvassing  of  the  votes  for  the  same,  their  meetings,  for  the  col- 
lee  ion  of  all  moneys  and  other  property  coming  or  belonging  to  said  fund, 
an>  all  other  matters  connected  with  the  care,  preservation  and  disl»urs«- 
m(  its  of  the  same,  and  the  proper  execution  of  tin-  purposes  and  provisions 
of  his  act.  And  any  annuity  authorized  by  the  board  under  t  his  act  shall  he 
sut  ject  to  reduction  by  said  board  of  commissioners  whenever  in  its  judgment 
th  condition  of  the  retirement  fund  renders  such  reduction  proper  or  nee 
ni  1  any  annuity  so  reduced  may  thereafter  be  restored  or  increased,  as  such 
bo  ird  may  deem  best.  (§6555z.) 

968.  Pensions  Exempt  from  Levy.     10.     All  annuities  granted  and 
p?  /able  out  of  said  teachers'  retirement  fund  shall  be  and  are  exempt  from 
sr  zure  or  levy  upon  attachment,  execution,  supplemental  process  and  all  other 
pi  >cess,  whether  mesne  or  final;  and  such  annuities  or  any  payment  of  the 
sji  ne  shall  not  be  subject  to  sale  assignment  or  transfer  by  any  beneficiary 
ai  d  such  transfer  shall  be  absolutely  void.     (§6555al.) 

969.  Teacher  Denned.     11.     The  term  "teacher"  as  used  in  this  act 
si  all  mean  and  include  the  superintendent  of  schools,  the  secretary  to  the  sup- 
ei  intendent,   any   principal,   assistant   principal,   assistant   superintendent, 
si  pervisor,  assistant  supervisor,  person  in  charge  of  any  special  department  of 
ii  struction,  and  any  teacher  or  instructor  now  or  hereafter  regularly  employed 
a   such  by  the  board  of  school  trustees  of  such  city      (§6555bl.) 


D.     Cities  from  20,000  to  100,000  population. 

[Acts  1913,  p.  898.] 


970.      Teachers'    Pensions— Cities    20,000    to    100,000— Board.      1. 

That  in  every  city  in  the  State  of  Indiana  having  a  population  of  not  less  than 
20,000  nor  more  than  100,000  according  to  the  last  preceding  United  States 
census,  there  may  be  created  a  teachers'  retirement  fund,  which  shall  be 
§  overned  and  managed  by  a  board  of  commissioners,  to  be  composed  of  five 
nembers,  as  follows: 

The  president  of  the  board  of  school  trustees  of  such  city,  the  superin- 
lendent  of  public  schools,  one  principal  and  two  teachers  regularly  employed 
in  the  public  schools  of  such  city.  Said  principal  and  teachers  shall  be  selected 
jit  a  meeting  of  the  public  school  teachers  of  such  city  on  the  fourth  Saturday 
•  >f  March,  1913,  in  such  manner  and  at  such  place  or  places  as  shall  be  deter- 
mined and  designated  by  the  board  of  school  trustees  of  such  city;  and  there- 
after there  shall  be  selected  on  the  fourth  Saturday  of  March  of  each  year 
:>ne  principal  and  two  teachers  as  members  of  such  board  of  commissioners. 
The  commissioners  shall  hold  their  offices  until  their  successors  shall  be 
selected  or  elected  as  above  set  forth.  In  the  event  of  a  vacancy  upon  said 
board  occasioned  by  the  death,  resignation  or  disability  of  either  of  said 
principal  or  teachers,  then  the  public  school  teachers  of  said  city  shall,  within 
a  n  .-Konahle  time,  upon  the  call  of  t  he  president  of  said  board  of  commission- 
ers, hold  a  special  meeting  and  elect  a  successor  or  successors.  A  majority 
of  said  commissioners  shall  constitute  a  quorum  for  the  transaction  of  business 
pertaining  to  said  retirement  fund.  Said  commissioners  shall  receive  no  pay 
fqr  their  services  as  such,  except  the  secretary  and  assistant  treasurer,  each 


372  SCHOOL   LAWS    OF    INDIANA 

of  whom  may  be  paid  such  sums  for  services  as  may  be  fixed  by  the  boar^i  n 
commissioners:  Provided,  however,  That  if  anyone,  shall  act  as  such  secre- 
tary or  assistant  treasurer  who  shall  receive  any  of  the  benefits  of  said  retire- 
ment fund,  as  hereinafter  provided,  the  amount  of  the  salary  so  received  by 
such  secretary  or  assistant  treasurer  shall  be  deducted  from  the  amount  to 
which  he  or  she  would  otherwise  be  entitled  as  a  beneficiary.  (§6555cl.) 

971.  Officers  of  Board — Duties.  2.  Said  board  of  commissioners 
shall  elect  from  among  its  number  a  president,  vice-president  and  secretary. 
The  pr<  sident  shall  preside  at  the  meetings  of  the  board  and  perform  all  other 
duties  usual  to  such  office.  The  vice-president  shall  perform  the  duties  of  the 
president  in  his  absence.  It  shall  be  the  duty  of  the  secretary  to  keep  a  true 
and  accurate  account  of  the  proceedings  of  said  board  of  commissioners, 
and  of  the  teachers  of  such  city  when  acting  upon  matters  with  relation  to 
said  fund,  and  to  turn  over  to  his  or  her  successor  all  books  and  papers  per- 
taining to  such  office.  The  secretary  of  the  superintendent  of  schools  of 
such  city  shall  act  as  assistant  treasurer,  and  it  shall  be  his  or  her  duty  to 
keep  a  true  and  correct  statement  of  the  account  of  each  member  with  said 
retirement  fund,  to  collect  and  turn  over  to  the  treasurer  of  said  board  all 
moneys  belonging  to  said  fund,  and  to  render  to  the  board  a  monthly  account 
of  his  or  her  doings.  He  or  she  shall  furnish  bond  in  such  amount  as  shall  be 
determined  and  required  by  said  board  of  commissioners  and  the  board  of 
commissioners  shall  allow  him  or  her  such  compensation  for  his  or  her  services 
as  it  may  deem  proper. 

The  treasurer  of  such  city  shall  be  ex  officio  the  treasurer  of  said  board  of 
commissioners,  and  he  shall  receive  and  hold  all  moneys  belonging  to  such 
teachers'  retirement  fund;  he  shall  have  the  custody  of  all  notes,  bonds  and 
other  securities  belonging  to  said  fund,  and  shall  collect  the  principal  and 
interest  of  the, same  and  shall  be  liable  on  his  bond  as  such  city  treasurer  for 
the  performance  of  all  the  duties  imposed  upon  him  by  this  act  and  for  the 
the  faithful  accounting  of  all  moneys  and  securities,  including  both  principal 
and  interest  which  may  come  into  his  hands  and  which  shall  belong  to  such 
retirement  fund.  And  he  shall  keep  a  separate  account  which  shall  show  at 
all  times  the  true  condition  of  such  fund.  Said  treasurer  shall,  upon  the  ex- 
piration of  his  term  of  office,  account  to  said  board  of  commissioners  for  all 
moneys,  notes,  bonds,  and  other  securities  coming  into  his  hands,  and  for 
interest,  income,  profits,  rentals  and  proceeds  of  and  from  the  same,  and  he 
shall  turn  over  to  his  successor  all  moneys,  notes,  bonds  and  other  securities 
belonging  to  said  fund. 

The  secretary,  treasurer  and  assistant  treasurer  shall  make  a  full,  true 
and  accurate  report  of  their  offices  and  trusts  at  each  annual  meeting  of  such 
teachers  in  March  of  each  year.  Their  books  shall  at  all  times  be  open  to 
inspection  or  examination.  (§6555dl.) 

972.  Rules  and  Regulations.  3.  Such  board  of  commissioners  shall 
have  full  charge  and  control  of  the  teachers'  retirement  fund  of  such  city 
with  power  to  adopt  and  enforce  all  needful  regulations  governing  the  same, 
not  inconsistent  with  this  act.  Such  fund  shall  be  derived  from  the  following 
sources : 

First.  All  moneys  that  may  be  given  to  said  board  of  commissioners  or 
to  said  fund  or  to  the  board  of  school  trustees  of  said  city,  for  the  use  of  sajd 


SCHOOL    LAWS    OF    INDIANA  373 

mimissioners  of  teachers'  retirement  fund,  by  any  person  or  persons. 
Si  3h  board  of  commissioners  may  take  by  gift,  grant,  devise  or  bequest, 
ai  y  money,  choses  in  action,  personal  property,  real  estate,  or  any  inton-t 
tl  jrein,  and  any  such  gift,  grant,  devise  or  bequest,  may  be  absolute,  or 
u;  on  the  condition  that  only  the  rent,  profits  and  income  arising  from  the 
si  ne  shall  be  applied  to  the  use  and  purposes  of  said  fund.  Such  board  of 
c«  mmissioners  shall  be  authorized  to  take  such  gift,  grant,  devise  or  bequest, 
u  der  and  by  the  style  of  the  board  of  commissioners  of  the  teachers'  retire- 
r  ant  fund,  of  such  city,  and  to  hold  the  same,  or  assign,  transfer  or  sell  the 
s.-  me,  whenever  proper  and  necessary,  under  and  by  such  name. 

Second.  Every  teacher  electing  to  accept  the  provisions  of  this  act  shall 
t  •  assessed  upon  his  or  her  salary  as  follows:  For  the  first  twelve  years  of 
t  aching  service,  $10.00  per  year;  for  the  next  eight  years  of  teaching  service, 
$  iO.OO  per  year;  for  each  subsequent  year  of  teaching  service,  not  exceed- 
i  g  thirty  years  in  all.  $25.00  per  year. 

Members  who  have  paid  the  fees  for  thirty  years  of  teaching  service, 
s  lall  not  be  required  to  pay  any  additional  fees  however  long  thereafter  they 
i  iay  remain  in  the  employ  of  the  board  of  school  trustees.  These  rates  shall 
I  e  paid  in  equal  payments  corresponding  with  the  second,  fourth,  sixth  and 
c  ghth  months  of  the  year  for  which  teachers'  salaries  are  paid. 

Teachers  accepting  the  provisions  of  this  act  shall  be  required  to  pay 
j  rrearages  at  the  above  rate  with  interest  at  4  per  cent  per  annum  for  such 
t  ime  of  service  as  they  are  authorized  to  have  recognized  under  the  provisions 
( f  this  act,  provided  that  any  teacher  entitled,  under  the  provisions  of  this  act, 
1  o  a  credit  for  one  or  more  years  of  teaching  service  at  the  time  when  he  or  she 
<  lects  to  accept  the  provisions  of  this  act,  may  waive  his  or  her  right  to  such 
( redit  and  pay  only  current  rates  from  the  time  when  the  membership  begins, 
{  nd  receive  no  credit  for  previous  service.  Such  arrearages  may  be  paid  in 
( ash  during  the  first  year  or  may  be  paid  in  five  equal  installments  with  in- 
i  erest  at  the  rate  of  5  per  cent  per  annum,  payable  annually,  upon  the  de- 
i erred  installments;  and  in  case  the  latter  option  is  taken,  interest  upon  the 
« lef erred  installments  shall  commence  at  the  end  of  the  first  year  after  electing 
o  accept  the  pro  visions  of  this  act :  Prodded,  further,  That  in  case  any  teacher 
s  retired  before  he  or  she  has  paid  in  fees  a  sum  equal  to  one-half  of  the  maxi- 
num  annuities  to  which  he  or  sh(  would  be  entitled,  then  and  in  that  case 
:here  shall  be  deducted  from  the  annuity  to  be  paid  to  such  retired  teacher 
luring  the  first  year,  such  sum  as  will  make  the  total  amount  paid  by  such 
teacher  one-half  of  the  maximum  annuity  to  which  he  or  she  is  entitled  and 
the  remainder  of  fees  or  arrearages  due  or  to  be  paid  by  such  retired  teacher 
shall  be  payable  in  instalments  as  hereinbefore  set  forth. 

Third.  The  board  of  school  trustees  of  such  city  shall  levy  each  year,  in 
addition  to  all  other  taxes  authorized  by  law,  a  special  tax  of  one-fourth  (J) 
of  one  mill  upon  each  one  dollar  ($1.00)  of  taxable  property  in  the  city,  which 
sum  shall  be  collected  as  other  taxes  are  collected  by  law.^and  which  shall 
be  credited  by  the  treasurer  of  such  city  to  the  said  teachers'  retirement 
fund,  and  shall  not  be  used  or  devoted  to  any  other  than  the  purposes  of  said 
fund.  And  nothing  in  this  act  shall  be  deemed  to  take  from  said  board  of 
schools  trustees_the  powers  now  given  to  said  board  in  relation  to  the_levy 
of  taxes  under  existing  statutes.  (§6555el^ 


374  SCHOOL   LAWS    OF   INDIANA 

973.  Fund  Invested.    4.    The  board  of  commissioners  of  such  teachers' 
retirement  fund  shall  determine  what  part  of  said  fund  may  be  safely  invested, 
and  how  much  shall  be  retained  for  the  immediate  needs,  demands  and  exi- 
gencies of  said  fund.    Such  investment  shall  be  made:    (1)  In  interest-bearing 
bonds  of  the  United  States,  or  of  the  State  of  Indiana,  or  in  any  bond  law- 
fully issued  by  any  state  or  county,  township,  city  or  other  municipal  corpora- 
tion, either  within  or  without  the  State  of  Indiana;  (2)  Loans,  secured  by 
mortgage  upon  real  estate  within  the  county  wherein  such  city  is  located, 
which  loans  shall  not  be  in  excess  of  fifty  per  centum  of  the  appraised  value  of 
such  real  estate.    All  bonds,  mortgages  and  other  securities  shall  be  deposited 
with  and  remain  in  the  custody  of  the  treasurer  of  said  board,  who  shall  collect 
all  interest  due  thereon  and  all  the  income  therefrom,  as  the  same  shall 
become  due  and  payable.     (§6555fl.) 

974.  Sinking  Fund.    5.    The  board  of  commissioners  «of  such  teachers' 
retirement  fund  shall  establish  a  sinking  fund,  to  the  credit  of  which  shall  be 
put  and  deposited  all  gifts,  grants,  devises  and  bequests,  and  the  unexpended 
balance  remaining  at  the  expiration  of  each  fiscal  year,  and  such  sinking 
fund  shall  be  and  remain  a  permanent  fund,  and  no  part  thereof  shall  be 
expended  except  the  interest  and  income  thereof  and  therefrom:     Provided, 
That  one-half  of  the  amount  added  to  such  sinking  fund  any  year  may  be 
used,  if  necessary,  during  the  year  immediately  following.     (§6555gl.) 

975.  Annual  Pensions.     6.     Said  teachers'  r<  tirement  fund  shall  be 
used  and  devoted  in  the  manner  and  for  the  purposes  as  follows: 

Any  person  electing  the  provisions  of  this  act  who  shall  have  rendered 
twenty  years  or  more  of  teaching  service  in  the  public  schools,  twelve  of  which 
may  have  been  in  public  schools  outside  of  said  city  of  not  less  than  20,000 
nor  more  than  100,000  inhabitants,  according  to  the  last  preceding  United 
States  census,  who  ceases  to  be  in  the  employ  of  the  board  of  school  trustees 
from  any  cause,  shall  be  entitled  to  an  annuity  in  accordance  with  the  follow- 
ing schedule: 

For  20  years  of  service $300 

For  21  years  of  service 325 

For  22  years  of  service 350 

For  23  years  of  service 375 

For  24  years  of  service 400 

For  25  years  of  service 430 

For  26  years  of  service 460 

For  27  years  of  service. 490 

For  28  years  of  service 525 

For  29  years  of  service 560 

For  30  or  more  years  of  service 600 

Provided,  That  no  teacher  in  the  service  of  said  board  of  school  trustees 
at  the  time  of  the  passage  of  this  act  may  be  credited  with  more  than  twenty- 
five  (25)  years  of  service. 

Such  annuities  shall  be  paid  in  four  equal  payments  as  follows :  On  Janu- 
ary first,  April  first,  July  first,  and  October  first,  of  each  year. 

In  the  event  that  any  teacher  electing  the  provisions  of  this  act  for  any 
reason  leaves  the  services  of  the  board  of  school  trustees  before  said  teacher 


i 


SCHOOL    LAWS    OF   INDIANA  375 

]  as  been  credited  with  twenty  (20)  years  of  service,  such  teacher  shall  be 
«  ititled  to  withdraw  from  the  treasury  of  said  teachers'  retirement  fund, 

ich  sum  as  will  equal  all  payments  made  by  such  teacher  into  the  treasury  of 

iis  fund  as  fees,  without  interest. 

Provided,  further,  That  in  the  event  that  such  teacher  subsequently  re- 
urns  to  the  employ  of  the  board  of  school  trustees,  such  teacher  shall  be 
equired  to  refund  to  said  fund  the  amount  so  withdrawn,  with  interest  there- 
>n  at  the  rate  of  5  per  cent  per  annum,  such  sum  to  be  so  refunded  within 
>ne  (1 )  year  from  the  date  of  his  or  her  return  to  service  in  the  schools  of 
;aid  city  of  not  less  than  20,000  nor  more  than  100,000  inhabitants.  In  the 
3vent  of  the  death  of  any  teacher  electing  the  provisions  of  this  act,  before 
such  teacher  has  been  retired  upon  an  annuity,  then  and  in  that  case  the  heirs 
3r  legatees  of  such  deceased  teacher  shall  be  entitled  to  a  sum  out  of  said 
fund  equal  to  the  sum  paid  into  said  fund  by  such  deceased  teacher,  without 
interest. 

Provided,  further,  That  no  teacher  retiring  before  being  credited  with  thirty 
V30)  years  of  service  may  be  entitled  to  an  annuity  unless  such  teacher  be  grant- 
ed such  annuity  by  the  board  of  commissioners  of  said  retirement  fund  at 
the  time  of  such  retirement.  (§6555hl.) 

976.  Years  of  Service — How  Computed.  7.  In  computing  years  of 
service,  as  provided  in  this  act,  the  board  of  commissioners  may  include 
service  as  a  public  school  teacher  rendered  outside  of  such  city,  not,  however, 
in  excess  of  twelve  years,  as  a  portion  of  such  services  necessary  before  any 
teacher  shall  be  entitled  to  any  of  the  benefits  of  this  act:  Provided,  That 
nothing  in  this  section  shall  affect  the  amount  or  amounts  to  be  paid  into  such 
retirement  fund  by  teachers  before  being  entitled  to  an  annuity.  And  any 
teacher  may  be  given  a  leave  of  absence  for  study,  professional  improvement 
or  temporary  disability,  not  exceeding  one  (1)  year  in  seven  (7)  and  shall  be 
regarded  as  a  teacher  and  entitled  to  the  benefits  of  this  act:  Provided,  That 
during  such  absence  he  or  she  continues  to  pay  into  such  fund  the  amount  of 
assessment  payable  by  such  teacher  as  provided  in  the  schedule  in  section 
six  (6)  of  this  act.  (§6555il.) 


977.  Definition.    8.     In  computing  time,  under  the  provisions  of  this 
act,  such  time  shall  include  services  rendered  before,  as  well  as  after,  the  tak- 
ing effect  of  this  act.    And  the  full  term  or  year  of  school  in  the  corporation 
in  which  such  service  was  rendered  shall  constitute  a  year  of  service  under 
thifl  ;i«t.    (§6555iL) 

978.  Election  of  Commissioners — By-laws.     9.     The  board  of  com- 
missioners shall  have  the  power  and  authority  to  make  all  necessary  by-laws 
providing  for  the  election  of  such  commissioners  to  be  elected  as  in  this  act, 
provided,  the  counting  and  canvassing  of  the  votes  for  the  same,  their  meet- 
ings, for  the  collection  of  all  moneys  and  other  property  coming  or  belonging 
to  said  fund,  and  all  other  matters  connected  with  the  care,  preservation  and 
disbursement  of  the  same,  and  the  proper  execution  of  the  purposes  and  pro- 
visions of  this  act.    And  any  annuity  authorized  by  the  board  under  this  act 
shall  be  subject  to  reduction  by  said  board  of  commissioners  whenever  in  its 
judgment  the  condition  of  the  retirement  fund  renders  such  reduction  proper 


376  SCHOOL    LAWS    OF    INDIANA 

or  necessary,  and  any  annuity  so  reduced  may  thereafter  be  restored  or  in- 
creased, as  such  board  may  deem  best.    (§6555kl.) 

979.  Pensions  Exempt  from  Attachment.    10.    All  annuities  granted 
and  payable  out  of  said  teachers'  retirement  fund  shall  be  and  are  exempt 
from  seizure  or  levy  upon  attachment,  execution,  supplemental  process  and  all 
other  process,  whether  mesne  or  final ;  and  such  annuities  or  any  payment  of 
the  same  shall  not  be  subject  to  sale,  assignment  or  transfer  by  any  bene- 
ciary  and  such  transfer  shall  be  absolutely  void.    (§655511.) 

980.  Definition  of  "Teacher."     11.     The  term  "teacher"  as  used  in 
this  act  shall  mean  and  include  the  superintendent  of  schools,  the  secretary 
to  the  superintendent,  any  principal,  assistant  principal,  assistant  superin- 
tendent, supervisor,  assistant  supervisor,  person  in  charge  of  any  special 
department  of  instruction,  and  any  teacher  or  instructor  now  or  hereafter 
regularly  employed  as  such  by  the  board  of  school  trustees  of  such  city. 
(§6555ml.) 


SCHOOL    LAWS    OF    INDIANA  377 


APPENDIX 


CONSTITUTION  OF  THE  STATE  OF  INDIANA 
1851 

HISTORICAL  SKETCH. 

By  an  act  of  congress,  dated  A'  ril  19,  1816,  the  inhabitants  of  the  ter- 
itory  of  Indiana  were  authorized  to  form  for  themselves  a  constitution  and 
tate  government,  which  state,  when  formed,  should  be  admitted  into  the 
inion  upon  the  same  footing  with  the  original  states. 

Under  this  act,  the  members  of  ti?e  convention  were  elected  on  the  second 
Monday  of  May,  1816,  met  in  convention,  at  Corydon,  on  the  second  Monday 
)f  June,  1816,  and  proceeded  at  once  to  form  the  constitution,  by  the  authority 
}f  congress,  without  an  ordinance  of  the  territory. 

The  constitution  was  completed  on  the  twenty-ninth  of  June,  1816,  unani- 
mously adopted  by  the  members  of  the  .Convention — forty-three  in  number, 
and  signed  by  all  except  one  member  from  Clark  county  and  one  member 
from  Warrick  county.  The  constitution  went  into  effect  upon  its  adoption 
by  the  members  of  the  convention  which  formed  it.  The  first  session  of  the 
general  assembly,  held  by  its  authority,  met  at  Corydon  on  the  first  Monday 
of  November,  1816.  The  Constitution  of  1816  remained  in  for^e,  without 
amendment,  until  the  first  day  of  November,  1851. 

An  act  was  passed  January  15,  1849,  "to  provide  for  taking  the  sense  of 
the  qualified  voters  of  the  state  on  the  calling  of  a  convention  to  alter,  amend, 
or  revise  the  constitution  of  this  ;-tate."  At  an  election  held  under  authority 
of  this  a^t  a  large  majority  of  all  the  votes  cast  was  in  favor  of  holding  the 
convention. 

On  the  18th  day  of  January,  1850,  the  legislature  passed  an  act  to  urovide 
for  a  convention  of  the  people  of  the  State  of  Indiana,  "to  revise,  amend,v  or 
alter  the  constitution  of  said  state."  By  the  authority  of  this  act  del< 
were  elected.  They  assembled  in  «-onvention  at  the  capitol,  in  the  "ity  of 
Indianapolis,  in  the  first  Monday  in  October,  1850,  and  completed  their 
labors  on  the  10th  day  of  February,  1851.  This  *  onstitution  was  ratified 
by  the  votes  of  the  people. 


The  first  amendment  to  this  constitution  was  ratified  February  18, 
1873,  and  related  to  the  Wabash  and  Erie  canal.  Other  amendments  were 
adopted  March  14,  1881 . 


378  SCHOOL   LAWS    OF   INDIANA 

PREAMBLE. 

To  the  end  that  justice  be  established,  public  order  maintained,  and  liberty 
perpetuated :  We,  the  people  of  the  State  of  Indiana,  grateful  to  Almighty 
God  for  the  free  exercise  of  the  right  to  choose  our  own  form  of  govern- 
ment, do  ordain  this  constitution. 

ARTICLE  1. 
BILL  OF  RIGHTS. 

Section  1.  We  declare  that  all  men  are  created  equal;  that  they  are 
endowed  by  their  creator  with  certain  unalienable  rights;  that  among  these 
are  life,  liberty,  and  the  pursuit  of  happiness;  that  all  power  is  inherent  in 
the  people:  and  that  all  free  governments  are,  and  of  right  ought  to  be,  found- 
ed on  their  authority,  and  instituted  for  their  peace,  safety,  and  well  being. 
For  the  advancement  of  these  ends,  the  people  have  at  all  times  an  indefeas- 
ible right  to  alter  and  reform  their  government. 

Sec.  2.  All  men  shall  be  secured  in  their  natural  right  to  worship  Almighty 
God  according  to  the  dictates  of  their  own  consciences. 

Sec.  3.  No  law  shall,  in  any  case  whatever,  control  the  free  exercise 
and  enjoyment  of  religious  opinions,  or  interfere  with  the  rights  of  conscience. 

Sec.  4.  No  preference  shall  be  given,,  by  law,  to  any  creed,  religious 
society  or  mode  of  worship:  and  no  man  shall  be  compelled  to  attend,  erect 
or  support  any  place  of  worship,  or  to  maintain  any  ministry  against  his  con- 
sent. 

Sec.  5.  No  religious  test  shall  be  required  as  a  qualification  for  any  office 
of  trust  or  profit. 

Sec.  6.  No  money  shall  be  drawn  from  the  treasury  for  the  benefit  of 
any  religious  or  theological  institution. 

Sec.  7.  No  person  shall  be  rendered  incompetent  as  a  witness,  in  conse- 
quence of  his  opinion  on  matters  of  religion. 

Sec.  8.  The  mode  of  administering  an  oath  or  affirmation  shall  be  such 
as  may  be  most  consistent  with,  and  binding  upon,  the  conscience  of  the 
person  to  whom  such  oath  or  affirmation  may  be  administered. 

Sec.  9.  No  law  shall  be  passed  restraining  the  free  interchange  of  thought 
and  opinion,  or  restricting  the  right  to  speak,  write,  or  print,  freely,  oh  any 
subjex^t  whatever,  but  for  the  abuse  of  that  right  every  person  shall  be  re- 
sponsible. 

Sec.  10.  In  all  prosecutions  for  libel,  the  truth  of  the  matters  alleged  to 
be  libelous  may  be  given  in  justification. 

Sec.  11.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  effects,  against  unreasonable  search  or  seizure  shall  not  be  violated, 
and  no  warrant  shall  issue,  but  upon  probable  cause,  supported  by  oath  or 
affirmation,  and  particularly  describing  the  place  to  be  searched,  and  the 
person  or  thing  to  be  seized. 

Sec.  12.  All  courts  shall  be  open;  and  every  man,  for  injury  done  to  him, 
in  his  person,  property  or  reputation,  shall  have  remedy  by  due  course  of 
law.  Justice  shall  be  administered  freely  and  without  purchase;  completely, 
and  without  denial;  speedily,  and  without  delay. 


SCHOOL   LAWS    OF    INDIANA  379 

Sec.  13.  In  all  criminal  prosecutions  the  accused  shall  have  the  right  to 
a  public  trial,  by  an  impartial  jury  in  the  county  in  which  the  offense  shall 
h  ve  been  committed;  to  be  heard  by  himself  and  counsel;  to  demand  the 
D  tu re  and  cause  of  the  accusation  against  him,  and  to  have  a  copy  thereof; 
t  meet  the  witness  face  to  face,  and  to  have  compulsory  process  for  obtain- 
ii  g  witnesses  in  his  favor. 

Sec.  14.  No  person  shall  be  put  in  jeopardy  twice  for  the  same  offense. 
>  o  person,  in  any  criminal  prosecution,  shall  be  compelled  to  testify  against 
1  .mself. 

Sec.  15.  No  person  arrested,  or  confined  in  jail,  shall  be  treated  with 
i  nnecessary  rigor. 

Sec.  16.  Excessive  bail  shall  not  be  required.  Excessive  fines  shall  not 
<•  imposed.  Cruel  and  unusual  punishment  shall  not  IDC  inflicted.  All 
enalties  shall  be  proportioned  to  the  nature  of  the  offense. 

Sec.  17.  Offenses,  other  than  murder  or  treason,  shall  be  bailable  by 
ufficient  sureties.  Murder  or  treason  shall  not  be  bailable  when  the  proof 
s  evident,  or  the  presumption  strong. 

Sec.  18.  The  penal  code  shall  be  founded  on  the  principle  of  reformation, 
ind  not  of  vindictive  justice. 

Sec.  19.  In  all  criminal  cases  whatever,  the  jury  shall  have  the  right  to 
determine  the  law  and  the  facts. 

Sec.  20.     In  all  civil  cases  the  right  of  trial  by  jury  shall  remain  inviolate. 

Sec.  21.  No  man's  particular  services  shall  be  demanded  without  j"si 
Compensation.  No  man's  property  shall  be  taken  by  law  without  just  com- 
pens'tion;  nor  except  in  case  of  the  state,  without  such  compensation  first 

assessed  and  t  'iidered. 

'2'2.     The  privilege  of  the  debtor  to  enjoy  the  necessary  comforts  of 
•  .  shall  be  recognized  by  wholesome  laws,  exempting  a  reasonable  amount 
property  from  sei/jire  or  sale  for  the  payment  of  any  debt  or  liability 
ier  contracted;  and  there  shall  be  no  imprisonment  for  debt,  except  in 
case  of  fraud. 

Sec.  23.     The  general  assembly  shall  not  grant  to  any  citizen,  or  class  of 
<-iti/ens.  privileges  or  immunities  which,  upon  the  same  terms,  shall  not  equal- 
belong  to  all  citizens. 

- 1.     No  ex  post  facto  law,  or  law  impairing  the  obligation  of  cont  r.u-t 
all  ever  be  passed. 

Sec.  25.     No  law  shall  be  passed,  the  taking  effect  of  which  shall  he  made 
depend  upon  any  authority,  except  a»  provided  in  this  constitution. 

Sec.  26.  The  operation  of  the  laws  shall  never  be  suspended,  except  by 
the  authority  of  the  general  assembly. 

Sec.  27.     The  privileges  of  the  writ  of  habeas  corpus  shall  not  be 
pended,  except  in  case  of  rebellion  or  invasion,  and  then  only  if  the  publio 
safety  demand  it. 

Sec.  28.  Treason  against  the  state  shall  consist  only  in  levying  war 
against  it.  and  giving  aid  and  comfort  to  its  enemies. 


380  SCHOOL    LAWS    OF  'INDIANA 

Sec.  29.  No  person  shall  be  convicted  of  treason,  except  on  the  testi- 
mony of  two  witnesses  to  the  same  overt  act,  or  upon  his  confession  in  open 
court. 

Sec.  30.  No  conviction  shall  work  corruption  of  blood  or  forfeiture  of 
estate. 

Sec.  31.  No  law  shall  restrain  any  of  the  inhabitants  of  the  state  from 
assembling  together,  in  a  peaceable  manner,  to  consult  for  their  common 
good;  nor  from  instructing  their  representatives:  nor  from  applying  to  the 
general  assembly  for  redress  of  grievances. 

Sec.  32.  The  people  shall  have  a  right  to  bear  arms  for  the  defense  of 
themselves  and  the  state. 

Sec.  33.  The  military  shall  be  kept  in  strict  subordination  to  the  civil 
power. 

Sec.  34.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner;  nor  in  time  of  war  but  in  a  manner  to  be 
prescribed  by  law. 

Sec.  35.  The  general  assembly  shall  not  grant  any  title  of  nobility,  nor 
confer  hereditary  distinctions. 

Sec.  36.     Emigration  from  the  state  shall  not  be  prohibited. 

Sec.  37.  There  shall  be  neither  slavery  nor  involuntary  servitude, 
within  the  state,  otherwise  than  for  the  punishment  of  crime,  whereof  the 
party  shall  have  been  duly  convicted.  No  indenture  of  any  negro  or  mulatto, 
made  or  executed  out  of  the  bounds  of  the  state,  shall  be  valid  within  the 
state. 

ARTICLE  II. 

SUFFRAGE     AND     ELECTION. 

Section  1.     All  elections  shall  be  free  and  equal. 

Sec.  2.  In  all  elections  not  otherwise  provided  for  by  this  constitution, 
every  male  citizen  of  the  United  States,  of  the  age  of  twenty-one  years  and 
upwards,  who  shall  have  resided  in  the  state  during  the  six  months,  and  in 
the  township  sixty  days,  and  in  the  ward  or  precinct  thirty  days  immediately 
preceding  such  election ;  and  every  male  of  foreign  birth,  of  the  age  of  twenty- 
one  years  and  upwards,  who  shall  have  resided  in  the  United  States  one  year, 
and  shall  have  resided  in  this  state  during  the  six  months,  and  in  the  township 
sixty  days,  and  in  the  ward  or  precinct  thirty  days,  immediately  preceding 
such  election,  and  shall  have  declared  his  intention  to  become  a  citizen  of  the 
United  States,  conformably  to  the  laws  of  the  United  States  on  the  subject 
of  naturalization,  shall  be  entitled  to  vote  in  the  township  or  precinct  where 
he  may  reside,  if  he  shall  have  been  duly  registered  according  to  law. 

Sec.  3.  No  soldier,  seaman  or  marine,  in  the  army  or  navy  of  the  United 
States,  or  their  allies,  shall  be  deemed  to  have  acquired  a  residence  in  this 
state  in  consequence  of  having  been  stationed  within  the  same;  nor  shall  any 
such  soldier,  seaman  or  marine,  have  the  right  to  vote. 

Sec.  4.  No  person  shall  be  deemed  to  have  lost  his  residence  in  the  state 
by  reason  of  his  absence  either  on  business  of  the  state  or  of  the  United  States. 

Sec.  5.     [Stricken  out  by  constitutional  amendment  of  March  24,  1881.] 


SCHOOL   LAWS    OF    INDIANA  381 

Sec.  6.  Every  person  shall  be  disqualified  from  holding  office  during  the 
tei  01  for  which  he  may  have  been  elected,  who  shall  have  given  or  offered  a 
br  be,  threat  or  reward  to  procure  his  election. 

Sec.  7.  Every  person  who  shall  give  or  accept  a  challenge  to  fight  a  duel, 
or  who  shall  knowingly  carry  to  another  person  such  challenge,  or  who  shall 
a^  -ee  to  go  out  of  the  state  to  fight  a  duel,  shall  be  ineligible  to  any  office  of 
tr  st  or  profit. 

Sec.  8«  The  general  assembly  shall  have  power  to  deprive  of  the  right  of 
si  frage,  and  to  render  ineligible  any  person  convicted  of  an  infamous  crime. 

Sec.  9.  No  person  holding  a  lucrative  office  or  appointment,  under  the 
U  lited  States,  or  under  this  state,  shall  be  eligible  to  a  seat  in  the  general 
a  sembly;  nor  shall  any  person  hold  more  than  one  lucrative  office  at  the  same 
ti  ne,  except  as  in  this  constitution  expressly  permitted:  Provided,  That 
o  ices  in  the  militia,  to  which  there  is  attached  no  annual  salary,  and  the  office 

0  deputy  postmaster,  where  the  compensation  does  not  exceed  ninety  dollars 
p  *  annum,  shall  not  be  deemed  lucrative:     And  provided,  also,  That  counties 
c  ntaining  less  than  one  thousand  polls  may  confer  the  office  of  clerk,  record- 
e   and  auditor,  or  any  two  of  said  offices,  upon  the  same  person. 

Sec.  10.  No  person  who  may  hereafter  be  a  collector  or  holder  of  public 
n  oneys,  shall  be  eligible  to  any  office  of  trust  or  profit  until  he  shall  have 
a  jcounted  for  and  paid  over,  according  to  law,  all  sums  for  which  he  may  be 

1  ible 

Sec.  11.  In  all  cases  in  which  it  is  provided  that  an  office  shall  not  be 
f  lied  by  the  same  person  more  than  a  certain  number  of  years  continuously 
a  Q  appointment  pro  tempore  shall  not  be  reckoned  a  part  of  that  term. 

Sec.  12.  In  all  cases,  except  treason,  felony  and  breach  of  the  peace, 
€  lectors  shall  be  free  from  arrest  in  going  to  elections,  during  their  attendance 

I  heir,  and  in  returning  from  the  same. 
Sec.  13.     All  elections  by  the  people  shall  be  by  ballot;  and  all  elections 
>y  the  general  assembly,  or  by  either  branch  thereof,  shall  be  viva  voce. 

Sec.  14.  All  general  elections  shall  be  held  on  the  first  Tuesday  after  the 
lirst  Monday  in  November;  but  township  elections  may  be  held  at  such  time 
its  may  be  provided  by  law:  Provided,  That  the  general  assembly  may  pro- 
•nde  by  law  for  the  election  of  all  judges  of  courts  of  general  or  appellate 
.  urisdiction,  by  an  election  to  be  held  for  such  officers  only,  at  which  time 
10  other  officer  shall  be  voted  for;  and  shall  also  provide  for  the  registration 
>f  all  persons  entitled  to  vote. 


_ 


ARTICLE  III. 

DISTRIBUTION    OK    POWERS. 


jtion  1.  The  powers  of  the  government  are  divided  into  three  sep- 
arate departments:  the  legislative,  the  executive  (including  the  adminis- 
trative), and  the  judicial;  and  no  person  charged  with  official  duties  under  one 
of  these  departments  shall  exercise  any  of  the  functions  of  another  except 
as  in  this  constitution  expressly  provided. 


382  SCHOOL   LAWS    OF   INDIANA 

ARTICLE  IV. 

LEGISLATIVE. 

Section  1.  The  legislative  authority  of  the  state  shall  be  vested  in  a  gen- 
eral assembly,  which  shall  consist  of  a  senate  and  house  of  representatives. 
The  style  of  every  law  shall  be,  "Be  it  enacted  by  the  general  assembly  of  the 
State  of  Indiana;"  and  no  law  shall  be  enacted  except  by  bill. 

Sec.  2.  The  senate  shall  not  exceed  fifty,  nor  the  house  of  representatives 
one  hundred  members ;  and  they  shall  be  chosen  by  the  electors  of  the  respec- 
tive counties  or  districts  into  which  the  state  may,  from  time  to  time  be  di- 
vided. 

Sec.  3.  Senators  shall  be  elected  for  the  term  of  four  years,  and  repre- 
sentatives for  the  term  of  two  years,  from  the  day  next  after  their  general 
election:  Provided,  however,  That  the  senators  elect,  at  the  second  meeting 
of  the  general  assembly  under  this  constitution,  shall  be  divided,  by  lot, 
into  two  equal  classes,  as  nearly  as  may  be;  and  the  seats  of  senators  of  the 
first  class  shall  be  vacated  at  the  expiration  of  two  years,  and  those  of  the 
second  class  at  the  expiration  of  four  years;  so  that  one-half,  as  nearly  as 
possible,  shall  be  chosen  biennially  forever  thereafter.  And  in  case  of  in- 
crease in  the  number  of  senators,  they  shall  be  so  annexed  by  lot,  to  the  one 
or  the  other  of  the  two  classes,  as  to  keep  them  as  nearly  equal  as  practicable. 

Sec.  4.  The  general  assembly  shall,  at  its  second  session  after  the  adop- 
tion of  this  constitution,  and  every  sixth  year  thereafter,  cause  an  enumeration 
to  be  made  of  all  the  male  inhabitants  over  the  age  of  twenty-one  years. 

Sec.  5.  The  number  of  senators  and  representatives  shall,  at  the  session 
next  following  each  period  of  making  such  enumeration,  be  fixed  by  law,  and 
apportioned  among  the  several  counties,  according  to  the  number  of  male 
inhabitants,  above  twenty-one  years  of  age,  in  each:  Provided,  That  the 
first  and  second  elections  of  members  of  the  general  assembly,  under  this 
constitution,  shall  be  according  to  the  apportionment  last  made  by  the  gen- 
eral assembly  before  the  adoption  of  this  constitution. 

Sec.  6.  A  senatorial  or  representative  district,  where  more  than  one 
county  shall  constitute  a  district,  shall  be  composed  of  contigious  counties; 
and  no  county,  for  senatorial  apportionment,  shall  ever  be  divided. 

Sec.  7.  No  person  shall  be  a  senator  or  a  representative,  who  at  the  time 
of  his  election,  is  not  a  citizen  of  the  United  States;  nor  any  one  who  has  not 
been,  for  two  year  next  preceding  his  election,  an  inhabitant  of  this  state, 
and  for  one  year  next  preceding  his  election,  an  inhabitant  of  the  county  01 
district  when  he  may  be  chosen.  Senators  shall  be  at  least  twenty-five,  and 
representatives  at  least  twenty-one  years  of  age. 

Sec.  8.  Senators  and  representatives,  in  all  cases  except  treason,  felony, 
and  breach  of  the  peace,  shall  be  privileged  from  arrest  during  the  session 
of  the -general  assembly,  and  in  going  to  and  returning  from  the  same;  and 
shall  not  be  subject  to  any  civil  process  during  the  session  of  the  general 
assembly,  nor  during  the  fifteen  days  next  before  the  commencement  thereof. 
For  any  speech  or  debate  in  either  house,  a  member  shall  not  be  questioned 
in  any  other  place. 

Sec.  9.  The  sessions  of  the  general  assembly  shall  be  held  biennially, 
at  the  capital  of  the  state,  commencing  on  the  Thursday  next  after  the  first 


SCHOOL   LAWS    OF   INDIANA  383 

M<  iday  of  January,  in  the  year  one  thousand  eight  hundred  and  fifty-three, 
an>  on  the  same  day  of  every  second  ye&r  thereafter,  unless  a  different  day 
or  )lace  shall  have  been  appointed  by  law.  But  if,  in  the  opinion  of  the 
go  ernor,  the  public  welfare  shall  require  it,  he  may,  at  any  time,  by  proc- 
lai  ation  call  a  special  session. 

Sec.  10.  Each  house,  when  assembled,  shall  choose  its  own  officers  (presi- 
de t  of  the  senate  excepted),  judge  the  elections,  qualifications  and  returns 
of  ts  own  members,  determine  its  rules  of  proceeding,  and  sit  upon  its  own 
ad  ournment.  But  neither  house  shall,  without  the  consent  of  the  other, 
ad  ourn  for  more  than  three  days,  nor  to  any  place  other  than  that  in  which 
it  nay  be  sitting. 

Sec.  11.  Two-thirds  of  each  house  shall  constitute  a  quorum  to  do  busi- 
m  ;s;  but  a  smaller  number  may  meet,  adjourn  from  day  to  day,  and  compel 
>  tb  i  attendance  of  absent  members.  A  quorum  being  in  attendance,  if  either 
h(  use  fail  to  effect  an  organization  within  the  first  five  days  thereafter,  the 
m  imbers  of  the  house  so  failing  shall  be  entitled  to  no  compensation  from  the 
ei  i  of  the  said  five  days,  until  an  organization  shall  have  been  effected. 

Sec.  12.     Each  house  shall  keep  a  journal  of  its  proceedings,  and  publish 
tl  e  same.     The  yeas  and  nays,  on  any  question,  shall,  at  the  request  of  any  ' 
fr  -o  members,  be  entered,  together  with  the  names  of  the  members  demand- 
ir  »  the  same,  on  the  journal:     Provided,  That  on  a  motion  to  adjourn,  it 
si  all  require  one-tenth  of  the  members  present  to  order  the  yeas  and  nays. 

Sec.  13.  The  doors  of  each  house,  and  of  committees  of  the  whole,  shall 
b )  kept  open,  except  in  such  cases  as,  in  the  opinion  of  either  house,  may 
r(  quire  secrecy. 

I  Sec.  14.  Either  house  may  punish  its  members  for  disorderly  behavior, 
id  may,  with  the  concurrence  of  two-thirds,  expel  a  member;  but  not  a 
icond  time  for  the  same  cause. 

Sec.  15.  Either  house,  during  its  session,  may  punish,  by  imprisonment, 
any  person  not  a  member,  who  shall  have  been  guilty  of  disrespect  to  the 
house,  by  disorderly  or  contemptuous  behavior  in  its  presence;  but  such 
i  nprisonment  shall  not,  at  any  time,  exceed  twenty-four  hours. 

Sec.  16.  Each  house  shall  have  all  powers  necessary  for  a  branch  of  the 
1  ^gislativa  department  of  a  free  and  independent  state. 

Sec.  17.  Bills  may  originate  in  either  house,  but  may  be  amended  or 
rejected  in  the  other,  except  that  bills  for  raising  revenue  shall  originate  in 
the  house  of  representatives. 

Sec.  18.  Every  bill  shall  be  read  by  sections,  on  three  several  days  in 
oach  house;  unless,  in  case  of  emergency,  two-thirds  of  the  house  where  such 
)ill  may  be  depending  shall,  by  a  vote  of  yeas  and  nays,  deem  it  expedient 
X)  dispense  with  this  rule;  but  the  reading  of  a  bill  by  sections,  on  its  final 
passage,  shall  in  no  case  be  dispensed  with;  and  the  vote  on  the  passsge  of 
svery  bill  or  joint  resolution  shall  be  taken  by  yeas  and  nays. 

Sec.  19.  Every  act  shah  embrace  but  one  subject,  and  matters  prop*  rly 
connected  therewith;  which  subject  shall  be  expressed  in  the  title.  But  if 
any  subject  shall  be  embraced  in  the  act.  \vhi«-h  shall  not  l>e  expressed  in  the 
title,  such  act  shall  be  void  only  as  to  so  min-h  thereof  as  shall  not  be  ex  pn  •»•  -.1 
in  the  title. 


384  SCHOOL    LAWS    OF    INDIANA 

Sec.  20.  Ev^ry  act  and  joint  resolution  shall  be  plainly  worded,  avoiding, 
as  far  as  practicable,  the  use  of  technical  terms. 

Sec.  21.     No  act  shall  ever  be  revised  or  amended  by  mere  reference  to 
its  title;  but  the  act  revised,  or  section  amended,  shall  be  set  forth  and  pul 
lished  at  full  length. 

Sec.  22.  The  general  assembly  shall  not  pass  local  or  special  laws  in  an? 
of  the  following  enumerated  cases,  that  is  to  say: 

Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace  and 
of  constables; 

For  the  punishment  of  crimes  and  misdemeanors; 

Regulating  the  practice  in  courts  of  justice; 

Providing  for  changing  the  venue  in  civil  and  criminal  cases; 

Granting  divorces; 

Changing  the  names  of  persons; 

For  laying  out,  opening  and  working  on,  highways,  and  for  the  election 
or  appointment  of  supervisors; 

Vacating  roads,  town  plats,  streets,  alleys  and  public  squares; 

Summoning  and  impaneling  grand  and  petit  juries,  and  providing  for  their 
compensation ; 

Regulating  county  and  township  business; 

Regulating  the  election  of  county  and  township  officers,  and  their  com- 
pensation; 

For  the  assessment  and  collection  of  taxes  for  state,  county,  township 
or  road  purposes; 

Providing  for  supporting  common  schools,  and  for  the  preservation  of 
school  funds; 

In  relation  to  fees  or  salaries;  except  that  the  laws  may  be  so  made  as  to 
grade  the  compensation  of  officers  in  proportion  to  the  population  and  the 
necessary  services  required; 

In  relation  to  interest  on  money; 

Providing  for  opening  and  conducting  elections  of  state,  county  or 
township  officers,  and  designating  the  places  of  voting; 

Providing  for  the  sale  of  real  estate  belonging  to  minors,  or  other  persons 
laboring  under  legal  disabilities,  by  executors,  administrators,  guardians 
or  trustees. 

Sec.  23.  In  all  cases  enumerated  in  the  preceding  section,  and  in  all  other 
cases  where  a  general  law  can  be  made  applicable,  all  laws  shall  be  general 
and  of  uniform  operation  throughout  the  state. 

Sec.  24.  Provisions  may  be  made  by  general  law,  for  bringing  suits 
against  the  state,  as  to  all  liabilities  originating  after  the  adoption  of  this 
constitution;  but  no  special  act  authorizing  such  suit  to  be  brought,  or  making 
compensation  to  any  person  claiming  damages  against  the  state,  shall  ever 
be  passed. 

Sec.  25.  A  majority  of  all  the  members  elected  to  each  house  shall  be 
necessary  to  pass  every  bill  or  joint  resolution;  and  all  bills  and  joint  resolu- 


SCHOOL   LAWS    OF    INDIANA  385 

tio   8  SO  .passed   shall    In-   signed   hy   tho   presiding  officers  of   tin-   respect  i\  <• 
ho  s, 


See.  'J«i.  Any  member  of  either  hoii^,.  *,!,;.  n  ha\«.  tin-  right  to  proles. 
an  to  have  iiis  protest,  with  his  r  entered  on  the  journal. 

Sec.  27.  Every  statute  shall  be  a  public  law.  unless  otherwise  <1«  <-l;;n-<l 
in  ,he  statute  itself. 

Sec.  28.  No  act  shall  take  effect  until  the  same  shall  have  been  published 
ar  I  circulated  in  the  several  counties  of  this  state,  by  authority,  except  in 
ca  e  of  emergency;  which  emergency  shall  be  declared  in  the  preamble  or  in 
th  body  of  the  law. 

Sec.  29.  The  members  of  the  general  assembly  shall  receive  for  their 
st  .ices  a  compensation,  to  be  fixed  by  law;  but  no  increase  of  compensation 
sh  11  take  effect  during  the  session  at  which  such  increase  may  be  made. 

session  of  the  general  assembly,  except  the  first  uader  this  constitution, 

Jl  extend  beyond  the  term  of  sixty-one  days,  nor  any  special  session  be- 
yc  id  the  term  of  forty  days. 

Sec.  30.  No  senator  or  representative  shall,  during  the  term  for  which 
h»  may  have  been  elected,  be  eligible  to  any  office,  the  election  to  which  is 
V(  sted  in  the  general  assembly,  nor  shall  he  be  appointed  to  any  civil  oilier 
of  profit,  which  shall  have  been  created,  or  the  emoluments  of  which  shall 
h;  ve  been  increased,  during  such  term;  but  this  latter  provision  shah1  not  l»e 
o(  astrued  to  apply  to  any  office  elective  by  the  people. 


ARTICLE  V. 

EXECUTIVE. 


(Section  1.     The  executive  powers  of  the  state  shall  be  vested  in  a  governor. 
e  shall  hold  his  office  during  four  years,  and  shah1  not  be  eligible  more  than 
|f  *'ur  \ears  in  any  period  of  eight  years. 
Sec.  2.     There  shah1  be  a  lieutenant-governor,  who  shall  hold  his  office 
iring  four  years. 
3.     The  governor  and  lieu  tenant-governor  shall  be  elected  at  the 
tnes  and  places  of  choosing  members  of  the  general  assembly. 

Sec.  4.  In  voting  for  governor  and  lieutenant-governor  the  electors 
shall  designate  for  whom  they  vote  as  governor,  and  for  whom  as  lieutenant- 
governor.  The  returns  of  every  election  for  governor  and  lieutenant-gov- 
ernor shall  be  sealed  up  and  transmitted  to  the  seat  of  government,  directed 
to  Hi.  qpeakar  of  the  house  of  representatives.  \\  ho  shah1  open  and  publish 
t  lein  in  the  presence  of  both  houses  of  the  general  assembly. 

.  5.  The  persons,  respectively,  having  the  highest  number  of  votes 
for  governor  and  lieutenant-governor,  shall  he  elected;  but  in  ca>,e  U\o  or 
more  persons  shall  have  an  equal  and  the  highest  number  of  votes  for  either 
office,  the  gei,-  id>ly  shall,  by  joint  volt-,  forthwith  proceed  to  elect 

c  ne  of  the  said  persons  governor  or  lieutenant-governor,  as  the  case  may  be. 
lections  for  governor  or  lieutenant-governor  shall 
1  e  determined  l>y  the  general  assembly,  in  >w\i  manner  as  may  be  prescribed 


Bee.  7.      No  p. •:  -on  shall  be  eligible  to  the  office  of  governor  or  lieutenant- 
governor,  \\  ho  shall  not  have  been  five  years  a  citizen  of  the  United  States, 


8554—25 


386  SCHOOL    LAWS    OF   INDIANA 

and  also  a  resident  of  the  State  of  Indiana  during  the  five  years  next  precedii 
his  election;  nor  shall  any  person  be  eligible  to  either  of  the  said  offices  wh( 
shall  not  have  attained  the  age  of  thirty  years. 

Sec.  8.  No  member  of  congress,  or  person  holding  any  office  under  the 
United  States,  or  under  this  state,  shall  fill  the  office  of  governor  or  lieuten- 
ant-governor. 

Sec.  9.  The  official  term  of  the  governor  or  lieutenant-governor  shall 
commence  on  the  second  Monday  of  January,  in  the  year  one  thousand, 
eight  hundred  and  fifty-three;  and  on  the  same  day  every  fourth  year  there- 
after. 

Sec.  10.  In  case  of  the  removal  of  the  governor  from  office,  or  of  his  death, 
resignation  or  inability  to  discharge  the  duties  of  the  office,  the  same  shall 
devolve  on  the  lieutenant-governor;  and  the  general  assembly  shall,  by  law, 
provide  for  the  case  of  removal  from  office,  death,  resignation,  or  inability, 
both  of  the  governor*  and  lieutenant-governor,  declaring  what  officer  then 
shall  act  as  governor;  and  such  officer  shall  act  accordingly  until  the  disa- 
bility be  removed  or  a  governor  be  elected. 

Sec.  11.  Whenever  the  lieutenant-governor  shall  act  as  governor,  or 
shall  be  unable  to  attend  as  president  of  the  senate,  the  senate  shall  elect 
one  of  its  own  members  as  president  for  the  occasion. 

Sec.  12.  The  governor  shall  be  commander-in-chief  of  the  military 
and  naval  forces,  and  may  call  out  such  forces  to  execute  the  laws,  or  to 
suppress  insurrection,  or  to  repel  invasion. 

Sec.  13.  He  shall,  from  time  to  time,  give  to  the  general  assembly  in- 
formation touching  the  condition  of  the  state,  and  recommend  such  meas- 
ures as  he  shall  judge  to  be  expedient. 

Sec.  14.  Every  bill  which  shall  have  passed  the  general  assembly  shall 
be  presented  to  the  governor;  if  he  approve,  he  shall  sign  it,  but  if  not,  he 
shall  return  it,  with  his  objections,  to  the  house  in  which  it  shall  have  origin- 
ated, which  house  shall  enter  the  objections  at  large  upon  its  journals  and 
proceed  to  reconsider  the  bill.  If,  after  such  reconsideration,  a  majority 
of  all  the  members  elected  to  that  house  shall  agree  to  pass  the  bill,  it  shall  be 
sent,  with  the  governor's  objections,  to  the  other  house,  by  which  it  shall 
likewise  be  reconsidered,  and  if  approved  by  a  majority  of  all  the  members 
elected  to  that  house,  it  shall  be  a  law.  If  any  bill  shall  not  be  returned  by 
the  governor  within  three  days,  Sundays  excepted,  after  it  shall  have  been 
presented  to  him,  it  shall  be  a  law  without  his  signature,  unless  the  general 
adjournment  shall  prevent  its  return,  in  which  case  it  shall  be  a  law  unless 
the  governor,  within  five  days  next  after  such  adjournment,  shall  file  such 
bill,  with  his  objections  thereto,  in  the  office  of  the  secretary  of  state,  who  shall 
lay  the  same  before  the  general  assembly  at  its  next  session  in  like  manner 
as  if  it  had  been  returned  by  the  governor.  But  no  bill  shall  be  presented 
to  the  governor  within  two  days  next  previous  to  the  final  adjournment  of  the 
general  assembly. 

Sec.  15.  The  governor  shall  transact  all  necessary  business  with  the 
officers  of  government,  and  may  require  any  information  in  writing  from  the 
officers  of  the  administrative  department,  upon  any  subject  relating  to  the 
duties  of  their  respective  offices. 


SCHOOL   LAWS    OF    INDIANA  387 

Sec.  16.     He  shall  take  <-aiv  thai  tin-  lav,-  i.»    faithfully  executed. 

See.  17.  He  shall  have  tin-  power  to  ^raut  reprieves,  commutations  and 
p.-  -don-,  after  conviction,  for  all  offenses  except  treason  and  cases  of  im- 
p-  ujhment,  subject  to  such  regulation-  as  may  be  provided  l.y  law.  Upon 
c<  iviction  for  treason,  he  shall  have  power  to  suspend  the  execution  of  the 
s(  itence  until  the  case  shall  l>e  reported  to  the  general  assembly  at  its  next 
n  'etini:,  when  the  general  assembly  shall  either  grant  a  pardon,  commute 
t!  3  sentence,  direct  the  execution  of  the  sentence,  or  grant  a  further  reprieve. 
II  3  shall  have  power  to  remit  fines  and  forfeitures,  under  such  regulations  as 
n  ly  be  prescribed  by  law,  and  shah1  report  to  the  general  assembly,  at  its  next 
n  -eting,  each  case  of  reprieve,  commutation,  or  pardon  granted,  and  also 
t  e  names  of  all  persons  in  whose  favor  remission  of  fines  and  forfeitures 
>  all  have  been  made,  and  the  several  amounts  remitted:  Provided,  how- 
e  er,  That  the  general  assembly  may,  by  law,  constitute  a  council,  to  be  com- 
!  >sed  of  officers  of  state,  without  whose  advice  and  consent  the  governor 
s  .all  not  have  power  to  grant  pardons,  in  any  case,  except  such  as  may,  by 
1.  w,  be  left  to  his  sole  power. 

Sec.  18.  When,  during  a  recess  of  the  general  assembly,  a  vacancy  shall 
1  ippen  in  any  office,  the  appointment  to  which  is  vested  in  the  general  assem- 
1  y.  or  when,  at  any  time,  a  vacancy  shall  have  occurred  in  any  other  state 

<  fice,  or  in  the  office  of  judge  of  any  court,  the  governor  shall  fill  such  vacancy 
1  y  appointment,  which  shall  expire  when  a  successor  shall  have  been  elected 
a  nd  qualified. 

I     Sec.  19.     He  shall  issue  writs  of  election  to  fill  such  vacancies  as  may  have 
ncurred  in  the  general  assembly. 
.  20.     Should  the  seat  of  government  become  dangerous  from  disease 
r  a  common  enemy,  he  may  convene  the  general  assembly  at  any  other 
!  'lace. 

Sec.  21.     The  lieutenant-governor  shall,  by  virtue  of  his  office,  be  presi- 

<  lent  of  the  senate,  have  a  right,  when  in  committee  of  the  whole,  to  join  in 

<  lebate,  and  to  vote  on  all  subjects,  and,  whenever  the  senate  shall  be  equally 
divided,  lie  shall  give  the  casting  vote. 

Sec.  22.  The  governor  shall,  at  stated  times,  receive  for  his  services  a 
"onipensation  which  shall  neither  be  increased  nor  diminished  during  the 
erm  for  which  he  shall  have  been  elected. 

Sec.  23.  The  lieutenant-governor,  while  he  shall  act  as  president  of  the 
senate,  shall  receive  for  his  services  the  same  compensation  as  the  speaker 
if  the  house  of  representatives;  and  any  person  acting  as  governor  shall  re- 
vive the  compensation  attached  to  the  office  of  governor. 

Sec.  24.     Neither  the  governor  nor  lieutenant-governor  shall  be  eligible 

any  other  office  during  the  term  for  which  he  shall  have  been  elected. 

ARTICLE  VI. 

ADMINISTRATE 

tion  1.  There  shall  be  elected  by  the  voters  of  the  state,  a  secretary, 
an  auditor,  and  a  treasurer  of  state,  who  shall  severally  hold  their  offices  for 
two  years.  They  shall  perform  such  duties  as  may  be  enjoined  by  law;  and 


388  SCHOOL   LAWS    OF   INDIANA 

no  person  shall  be  eligible  to  either  of  said  offices  more  than  four  years 
any  period  of  six  years. 

Sec.  2.  There  shall  be  elected  in  each  county,  by  the  voters  thereof,  at 
the  time  of  holding  general  elections,  a  clerk  of  the  circuit  court,  auditor, 
recorder,  treasurer,  sheriff,  coroner  and  surveyor.  The  clerk,  auditor  and 
recorder  shall  continue  in  office  four  years;  and  no  person  shall  be  eligible 
to  the  office  of  clerk,  recorder  or  auditor  more  than  eight  years  in  any  period 
of  twelve  years.  The  treasurer,  sheriff,  coroner  and  surveyor,  shall  con- 
tinue in  office  two  years ;  and  no  person  shall  be  eligible  to  the  office  of  treas- 
urer or  sheriff  more  than  four  years  in  any  period  of  six  years. 

Sec.  3.  Such  other  county  and  township  officer  as  may  be  necessary, 
shall  be  elected  or  appointed,  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  4.  No  person  shall  be  elected  or  appointed  as  a  county  officer,  who 
shall  not  be  an  elector  of  the  county;  nor  any  one  who  shall  not  have  been  an 
inhabitant  thereof  during  one  year  next  preceding  his  appointment,  if  the 
county  shall  have  been  so  long  organized;  but  if  the  county  shall  not  have  been 
so  long  organized,  then  within  the  limits  of  the  county  or  counties  out  of 
which  the  same  shall  have  been  taken. 

Sec.  5.  The  governor,  and  the  secretary,  auditor  and  treasurer  of  state, 
shall,  severally,  reside  and  keep  the  public  records,  books  and  papers,  in  any 
manner  relating  to  the  respective  offices,  at  the  seat  of  government. 

Sec.  6.  All  county,  township  and  town  officers  shall  reside  within  their 
respective  counties,  townships  and  towns,  and  shall  keep  their  respective 
offices  at  such  places  therein,  and  perform  such  duties  as  may  be  directed 
by  law. 

Sec.  7.  All  state  officers  shall,  for  crime,  incapacity  or  negligence,  be 
liable  to  be  removed  from  office,  either  by  impeachment  by  the  house  of 
representatives,  to  be  tried  by  the  senate,  or  by  a  joint  resolution  of  the 
general  assembly;  two-thirds  of  the  members  elected  to  each  branch  voting, 
in  either  case,  therefor. 

Sec.  8.  All  state,  county,  township  and  town  officers  may  be  impeached, 
or  removed  from  office  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  9.  Vacancies  in  county,  township  and  town  offices  shall  be  filled 
in  such  manner  as  may  be  prescribed  by  law. 

Sec.  10.  The  general  assembly  may  confer  upon  the  boards  doing  county 
business  in  the  several  counties,  powers  of  a  local  administrative  character. 

ARTICLE  VII. 


Section  1.  The  judicial  power  of  the  state  shall  be  vested  in  a  supreme 
court,  in  circuit  courts,  and  in  such  other  courts  as  the  general  assembly  may 
establish. 

Sec.  2.  The  supreme  court  shall  consist  of  not  less  than  three,  nor  more 
than  five  judges;  a  majority  of  whom  shall  form  a  quorum.  They  shall  hold 
their  offices  for  six  years,  if  they  so  long  behave  well. 

Sec.  3.  The  state  shall  be  divided  into  as  many  districts  as  there  are 
judges  of  the  supreme  cou  t;  and  such  districts  shall  be  formed  of  contiguous 


SCHOOL    LAWS    OF    INDIANA  389 

t  Titory.  as  nearly  equal  in  population  as,  without  dividing  a  county,  the 
s.  me  can  be  made.  One  of  said  judges  shall  be  elected  from  ea-h  district 
a  d  reside  therein;  but  said  judge  shall  be  elected  by  the  electors  of  the  state 
a  large. 

Sec.  4.  The  supreme  court  shall  have  jurisdiction,  co-extensive  with  the 
li  nits  of  the  state,  in  appeals  and  writs  of  error,  under  such  regulations  and 
r  strictions  as  may  be  prescribed  by  law.  It  shall  also  have  such  original 
j  risdi^tion  as  the  general  assembly  may  confer. 

Sec.  5.  The  supreme  court  shall,  upon  the  decision  of  every  case,  give  a 
s  atement  in  writing  of  each  question  arising  in  the  record  of  such  case,  and 
t  te  decision  of  the  court  thereon.  N 

Sec.  6.  The  general  assembly  shall  provide  by  law  for  the  speedy  pub- 
1  sation  of  the  decisions  of  the  supreme  court,  made  under  this  constitution, 
1  at  no  judge  shall  be  allowed  to  report  such  decision. 

Sec.  7.  There  shall  be  elected  by  the  voters  of  the  state,  a  clerk  of  the 
s  ipreme  court,  who  shall  hold  his  office  four  years,  and  whose  duties  shall  be 
]  rescribed  by  law. 

Sec.  8.  The  circuit  courts  shall  each  consist  of  one  judge,  and  shall  have 
{ ich  civil  and  criminal  jurisdiction  as  may  be  prescribed  by  law. 

Sec.  9.     The  state  shall,  from  time  to  time,  be  divided  into  judicial  cir- 

<  uits,  and  a  judge  for  each  circuit  shall  be  elected  by  the  voters  thereof. 
]  £e  shall  reside  within  the  circuit,  and  shall  hold  his  office  for  the  term  of 
f  ix  years,  if  he  so  long  behave  well. 

Sec.  10.     The  general  assembty  may  provide,  by  law,  that  the  judge  of 

<  >ne  circuit  may  hold  the  courts  of  another  circuit,  in  cases  of  necessity  or 

<  onvenience;  and  in  case  of  temporary  inability  of  any  judge,  from  sickness 

<  >r  other  cause,  to  hold  the  courts  in  his  circuit,  provisions  may  be  made,  by 
]aw,  for  holding  such  courts. 

Sec.  11.  There  shall  be  elected,  in  each  judicial  circuit,  by  the  voters 
.hereof,  a  prosecuting  attorney,  who  shall  hold  his  office  for  two  years. 

Sec.  12.  Any  judge  or  prosecuting  attorney,  who  shall  have  been  con- 
victed of  corruption  or  other  high  crime,  may,  on  information  in  the  name 
of  the  state,  be  removed  from  office  by  the  supreme  court,  or  in  such  other 
nanner  as  may  be  prescribed  by  law. 

.  13.     The  judges  of  the  supreme  court  and  circuit  courts  shall,  at 
stated  times,  receive  a  compensation,  which  shall  not  be  diminished  during 

•  heir   eonti nuance   in  office. 
Sec.  14.     A  competent  number  of  justices  of  the  peace  shall  be  elected 
>\    the  voters  in  each  township  in  the  several  counties.     They  shall  con- 
tinue in  office  four  years,  and  their  powers  and  duties  shall  be  prescribed  by 
law. 

Sec.  15.  All  judicial  officers  shall  be  conservators  of  the  peace  in  their 
respective  jurisdictions. 

Sec.  1»>.  No  person  elected  to  any  judicial  office  shall,  during  the  term 
the  term  for  which  he  shall  have  been  elected,  be  eligible  to  any  office  of  trust 
or  profit  under  the  state,  other  than  a  judicial  office. 

Sec.  17.  The  general  assembly  may  modify  or  abolish  the  prrand  jury 
system. 


390 


SCHOOL    LAWS    OF    INDIANA 


Sec.  18.  All  criminal  prosecutions  shall  be  carried  on  in  the  name,  and 
by  the  authority  of  the  state;  and  the  style  of  all  processes  shall  be  "The 
State  of  Indiana." 

Sec.  19.  Tribunals  of  conciliation  may  be  established  with  such  powers 
and  duties  as  shall  be  prescribed  by  law;  or  the  powers  and  duties  of  the  same 
may  be  conferred  upon  other  courts  of  justice;  but  such  tribunals  or  other 
courts,  when  sitting  as  such,  shall  have  no  power  to  render  judgment  to  be 
obligatory  on  the  parties  unless  they  voluntarily  submit  their  matters  of 
difference  and  agree  to  abide  the  judgment  of  such  tribunal  or  court. 

Sec.  20.  The  general  assembly,  at  its  first  session  after  the  adoption  of 
this  constitution,  shall  provide  for  the  appointment  of  three  commissioners, 
whose  duty  it  shall  be  to  revive,  simplify  and  abridge  the  rules,  practice, 
pleadings  and  forms  of  the  courts  of  justice.  And  they  shall  provide  for 
abolishing  the  distinct  forms  of  action  at  law  now  in  use;  and  that  justice  shall 
be  administered  in  a  uniform  mode  of  pleading,  without  distinction  between 
law  and  equity.  And  the  general  assembly  may,  also,  make  it  the  duty  of 
said  commissioners  to  reduce  into  a  systematic  code  the  general  statute  law 
of  the  state;  and  said  commissioners  shall  report  the  result  of  their  labors 
to  the  general  assembly,  with  such  recommendations  and  suggestions,  as 
to  the  abridgment  and  amendment,  as  to  said  commissioners  may  seem  neces- 
sary or  proper.  Provision  shall  be  made  by  law  for  filling  vacancies,  regu- 
lating the  tenure  of  office  and  the  compensation  of  said  commissioners. 

Sec.  21.  Every  person  of  good  moral  character,  being  a  voter,  shall'  be 
entitled  to  admission  to  practice  law  in  all  courts  of  justice. 

ARTICLE  VIII. 

KDUCATIO.N. 

Section  1.  Knowledge  and  learning  generally  diffused  throughout  a 
community,  being  essential  to  the  preservation  of  a  free  government,  it  shall 
be  the  duty  of  the  general  assembly  to  encourage,  by  all  suitable  means, 
moral,  intellectual,  scientific  and  agricultural  improvement,  and  to  provide 
by  law  for  a  general  and  uniform  system  of  common  schools,  wherein  tuition 
shall  be  without  charge,  and  equally  open  to  all* 

Sec.  2.  The  common  school  fund  shall  consist  of  the  congressional  town- 
ship fund,  and  the  lands  belonging  thereto; 

The  surplus  revenue  fund; 

The  saline  fund,  and  the  lands  belonging  thereto; 

The  bank  tax  fund,  and  the  fund  arising  from  the  one  hundred  and  four- 
teenth section  of  the  charter  of  the  state  bank  of  Indiana; 

The  fund  to  be  derived  from  the  sale  of  county  seminaries,  and  the 
moneys  and  property  heretofore  held  for  such  seminaries;  from  the  fines 
assessed  for  breaches  of  the  penal  laws  of  the  state;  and  from  all  forfeitures 
which  may  accrue; 

All  lands  and  other  estate  which  shall  escheat  to  the  state  for  want  of 
heirs  or  kindred  entitled  to  the  inheritance; 

All  lands  that  have  been  or  may  hereafter  be  granted  to  the  state,  where 
no  special  purpose  is  expressed  in  the  grant,  and  the  proceeds  of  the  sales 
thereof;  including  the  proceeds  of  the  sales  of  the  swamp  lands  granted  to  the 


SCH LAWS    or    INDI  \.\.\ 

S  fcte  of  Indiana  by  the  act  of  congress,  of  tin-  'JMh  of  September.  1S.")U, 
at  er  deduct ing  tin-  e.xp. -n-e  of  -elect  inir  and  draining  the  same; 

Taxes  on  the  property  of  corporations  that  may  I..  i  by  the 

gi  leral  assembly  for  common  school  purpi 

Sec.  I*.  The  principal  of  the  common  school  fund  shall  remain  a  per- 
p  tual  fund,  which  may  be  increased.  l»ut  shall  never  be  diminished;  and  the 
ii  'ome  thereof  shall  be  inviolably  appropriated  to  the  support  of  common 
S<  lools.  and  to  no  other  purpose  \vhale\, 

Sec.  4.     The  general  assembly  shall  invest,  in  some  safe  and  profitable 
n  inner,  all  such   portions  of  the  common  school  fund  as  have  not  li- 
ft -e  been  entrusted  to  the  several  counties;  and  shall   make  provisions,   by 
1*  V,  for  tlie  distribution,  among  the  several  counties,  of  the  interest  thereof. 

Sec.  .">.  If  any  county  shall  fail  to  demand  its  proportion  of  such  interest 
f<  r  common  school  purposes,  the  same  shall  be  reinvested  for  the  benefit 
o  such  county. 

Sec.  6.  The  several  counties  shall  be  held  liable  for  the  preservation  of 
si  much  of  the  said  fund  as  may  be  entrusted  to  them,  and  for  the  payment 
o  the  annual  interest  thereon. 

Sec.  7.  All  trust  funds  held  by  the  state  shall  remain  inviolate,  and  be 
f;  ithfully  and  exclusively  applied  to  the  purposes  for  which  the  trust  was 

c   ealed. 

Sec.  8.  The  general  assembly  shall  provide  for  the  election,  by  the  voters, 
o  the  state,  of  a  state  superintendent  of  public  instruction,  who  shall  hold 
li  s  oilice  for  two  years,  and  whose  duties  and  compensation  shall  be  pre- 

ribed    by    law. 

ARTICLE   1  X . 

STATE     INSTITUTION-. 

1.  It  shall  be  the  duty  of  the  general  assembly  to  provide  by 
1:  w  for  the  support  of  institutions  for  the  education  of  the  deaf  and  dumb, 
a  ad  of  the  blind;  and,  also,  for  the  treatment  of  the  insane. 

L'.     The  general  assembly  shall  provide  houses  of  refuge  for  the  cor- 
r  ction  and  reformation  of  juvenile  offenders. 

The  county  boards  shall  have  power  to  provide  farms  as  an 
asylum  for  those  person  who.  by  reason- of  age.  infirmity,  or  other  misfortune. 
have  claims  upon  the  sympathies  and  aid  of  society. 


AIM  i.  i.i.    X. 

I    I  N    \ 


tion  1.  The  general  assembly  shall  pro\ide.  by  law,  for  a  uniform 
j  nd  equal  rate  of  assessment  and  taxation:  and  .-hall  pn-cribe  -u«-h  regula- 
tions as  shall  secure  a  just  valuation  for  taxation  of  all  property,  both  real 
t  nd  personal,  excepting  such  only  for  municipal,  educational,  literary, 
.-cientific.  religious  or  charitable  purpo-e-.  as  may  be  specially  exempted  by 

law. 


392 


SCHOOL    LAWS    OF    INDIANA 


Sec.  2.  All  the  revenues  derived  from  the  sale  of  any  of  the  public  works 
belonging  to  the  state,  and  from  the  net  annual  income  thereof,  and  any 
surplus  that  may,  at  any  time,  remain  in  the  treasury  derived  from  taxation 
for  general  state  purposes,  after  the  payment  of  the  ordinary  expenses  of 
the  government,  and  of  the  interest  on  bonds  of  the  state,  other  than  bank 
bonds,  shall  be  annually  applied,  under  the  direction  of  the  general  assembly, 
to  the  payment  of  the  principal  of  the  public  debt. 

Sec.  3.  No  money  shall  be  drawn  from  the  treasury  but  in  pursuance 
of  appropriations  made  by  law. 

Sec.  4.  An  accurate  statement  of  the  receipts  and  expenditures  of  the 
public  money  shall  be  published  with  the  laws  of  each  regular  session  of  the 
general  assembly. 

Sec.  5.  No  law  shall  authorize  any  debt  to  be  contracted,  on  behalf  of 
the  state,  except  in  the  following  cases:  To  meet  casual  deficits  in  the 
revenue;  to  pay  the  interest  on  the  state  debt;  to  repel  invasion,  suppress 
insurrection,  or,  if  hostilities  be  threatened,  provide  for  public  defense. 

Sec.  6.  No  county  shall  subscribe  for  stock  in  any  incorporated  company, 
unless  the  same  be  paid  for  at  the  time  of  such  subscription;  nor  shall  any 
county  loan  its  credit  to  any  incorporated  company,  nor  borrow. money  for 
the  purpose  of  taking  stock  in  any  such  company;  nor  shall  the  general  as- 
sembly ever,  on  behalf  of  the  state,  assume  the  debts  of  any  county,  city, 
town  or  township,  nor  of  any  corporation  whatever. 

Sec.  7.  No  law  or  resolution  shall  ever  be  passed  by  the  general  assembly 
of  the  State  of  Indiana  that  shall  recognize  any  liability  of  this  state  to  pay 
or  redeem  any  certificate  of  stock  issued  in  pursuance  of  an  act  entitled  "An 
act  to  provide  for  the  funded  debt  of  the  State  of  Indiana,  and  for  the  com- 
pletion of  the  Wabash  and  Erie  Canal  to  Evansville,"  passed  January  19, 
1846,  and  an  act  supplemental  to  said  act,  passed  January  29,  1847,  which 
by  the  provisions  of  the  said  acts,  or  either  of  them,  shall  be  payable  ex- 
clusively from  the  proceeds  of  the  canal  lands,  and  the  tolls  and  revenues 
of  the  canal  in  said  acts  mentioned;  and  no  such  certificates  of  stocks  shall 
ever  be  paid  by  this  state. 

[NOTE. — Agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two  houses 
of  the  general  assembly,  regular  session  of  1871,  and  referred  to  the  general  assembly 
to  be  chosen  at  the  next  general  election.  Agreed  to  by  a  majority  of  the  members 
elected  to  each  house  of  the  general  assembly,  special  session  of  1872.  Submitted  to 
the  electors  of  the  state  by  an  act  approved  January  28,  1873.  Ratified  by  a  majority 
of  the  electors,  at  an  election  held  on  the  18th  day  of  February,  1878.  Declared  a  part 
of  the  constitution  by  proclamation  of  Thomas  A.  Hendricks,  governor,  dated  March 
7,  1873.] 


ARTICLE  XI. 

CORPORATION.      . 

Section  1.  The  general  assembly  shall  not  have  power  to  establish,  or 
incorporate  any  bank  or  banking  company,  or  moneyed  institution,  for  the 
purpose  of  issuing  bills  of  credit,  or  bills  payable  to  order  or  bearer,  except 
under  the  conditions  prescribed  in  this  constitution. 

Sec.  2.  No  bank  shall  be  established  otherwise  than  under  a  general 
banking  law,  except  as  provided  in  the  fourth  section  of  this  article. 


SCHOOL    LAWS    OF    INDIANA  393 


>ec.  3.  If  the  general  assembly  shall  enact  a  general  banking  law,  such 
lav  shall  provide  for  the  registry  and  countersigning,  by  an  officer  of  state, 
of  11  paper  credit  designed  to  be  circulated  as  money;  and  ample  collateral 
sec  irity,  readily  convertible  into  specie,  for  the  redemption  of  the  same  in 
go  I  or  silver,  shall  be  required;  which  collateral  security  shall  be  under  the 
co:  trol  of  the  proper  officer  or  officers  of  the  state. 

Sec.  4.  The  general  assembly  may  also  charter  a  bank  with  branches, 
wi  hout  collateral  security,  as  required  in  the  preceding  section. 

Sec.  o.  If  the  general  assembly  shall  establish  a  bank  with  branches, 
tb  branches  shall  be  mutually  responsible  for  each  other's  liabilities,  upon 
al!  paper  credit  issued  as  money. 

Sec.  6.  The  stockholders  in  every  bank,  or  banking  company,  shall  be 
in  lividually  responsible  to  an  amount  over  and  above  their  stock,  equal  to 
tl  ;ir  respective  shares  of  stock,  for  all  debts  or  liabilities  of  said  bank  or 
b;  nking  company. 

Sec.  7.  All  bills  or  notes  issued  as  money  shall  be,  at  all  times,  redeem- 
al  le  in  gold  or  silver;  and  no  law  shall  be  passed,  sanctioning,  directly  or 
ii  lirectly,  the  suspension,  by  any  bank  or  banking  company,  of  specie  pay- 
n  3nts. 

Sec.  8.  Holders  of  bank  notes  shall  be  entitled,  in  case  of  insolvency,  to 
p  eference  of  payment  over  all  other  creditors. 

Sec.  9.  No  bank  shall  receive,  directly  or  indirectly,  a  greater  rate  of 
ii  terest  than  shall  be  allowed  by  law  to  individuals  loaning  money. 

•     Sec.  10.     Every  bank,  or  banking  company,  shall  be  required  to  cease  all 
inking  operations  within  twenty  years  from  the  time  of  its  organization, 
a  id  promptly  thereafter  to  close  its  business. 

Bee.  1 1 .  The  general  assembly  is  not  prohibited  from  investing  the  trust 
f  inds  in  a  bank  with  branches;  but  in  case  of  such  investment,  the  safety 
o:'  the  same  shall  be  guaranteed  by  unquestionable  security. 

.  12.     The  state  shall  not  be  a  stockholder  in  any  bank,  after  the  ex- 
j  iration  of  the  present  bank  charter;  nor  shall  the  credit  of  the  state  ever  be 
pivrn.  or  loaned,  in  aid  of  any  person,  association,  or  corporation,  nor  shall 
the  state  hereafter  become  a  stockholder  in  any  corporation  or  association. 
Sec.  13.     Corporations,  other  than  banking,  shall  not  be  created  by  special 
,ct,  but  may  be  formed  under  general  laws. 

Sec.  14.  Dues  from  corporations,  other  than  banking,  shall  be  secured 
by  such  individual  liability  of  the  corporators,  or  other  means,  as  may  be 
prescribed  by  law. 


i  ii 


ARTICLE  XII. 

MIL! 

tion  1.     The  militia  shall  consist  of  all  able-bodied  white  male  persons 
^  the  ages  of  eighteen  and  forty-five  years,  except  as  may  be  exempt- 

ed by  the  hiws  of  the  Unit*  d  States,  or  of  this  state;  and  shall  be  organized, 
officered,  armed,  equipped  and  trained  in  such  manner  as  may  be  provided 
law. 


394  SCHOOL    LAWS    OF    INDIANA 

Sec.  2.  The  governor  shall  appoint  the  adjutant,  quartermaster  and 
commissary  generals. 

Sec.  3.  All  militia  officers  shall  be  commissioned  by  the  governor,  and 
shall  hold  their  offices  not  longer  than  six  years. 

Sec.  4.  The  general  assembly  shall  determine  the  method  of  dividing  the 
militia  into  divisions,  brigades,  regiments,  battalions  and  companies,  and  fix 
the  rank  of  all  staff  officers. 

Sec.  5.  The  militia  may  be  divided  into  classes  of  sedentary  and  active 
militia^in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  6.  No  person  conscientiously  opposed  to  bearing  arms  shall  be  com- 
pelled to  do  militia  duty;  but  such  person  shall  pay  an  equivalent  for  exemp- 
tion; the  amount  to  be  prescribed  by  law. 

ARTICLE  XIII. 

POLITICAL    AND    MUNICIPAL,    CORPORATIONS. 

Section  1.  No  political  or  municipal  corporations  in  this  state  shall  ever 
become  indebted,  in  any  manner  or  for  any  purpose,  to  any  amount,  in  the 
aggregate  exceeding  two  percentum  on  the  value  of  taxable  property  within 
such  corporation,  to  be  ascertained  by  the  last  assessment  for  state  and 
county  taxes,  previous  to  the  incurring  of  such  indebtedness,  and  all  bonds 
or  obligations,  in  excess  of  such  amount,  given  by  such  corporations,  shall  be 
void:  Provided,  That  in  time  of  war,  foreign  invasion,  or  other  great  pub- 
lic calamity,  on  petition  of  a  majority  of  the  property  owners,  in  number  and 
value,  within  the  limits  of  such  corporation,  the  public  authorities,  in  their 
discretion,  may  incur  obligation  necessary  for  the  public  protection  and 
defense,  to  such  an  amount  as  may  be  requested  in  such  petition. 

[The  original  article  13  is  stricken  out  and  the  amendment  of  March  24,  1881,  in- 
serted in  lieu  thereof.] 

ARTICLE  XIV. 

BOUNDARIES. 

Section  1.  Tn  order  that  the  boundaries  of  the  state  may  be  known  and 
established,  it  is  hereby  ordained  and  declared  that  the  State  of  Indiana 
is  bounded  on  the  east  by  the  meridian  line  which  forms  the  western  bound- 
ary of  the  State  ot  Ohio;  on  the  south  by  the  Ohio  river,  from  the  mouth 
of  the  Great  Miami  river  to  the  mouth  of  the  Wabash  river;  on  the  west, 
by  a  line  drawn  along  the  middle  of  the  Wabash  river,  from  its  mouth  to  a 
point  where  a  due  north  line,  drawn  from  the  town  of  Vincennes,  would  last 
touch  the  northwestern  shore  of  said  Wabash  river;  and  thence  by  a  due 
north  line,  until  the  same  shall  intersect  an  east  and  west  line,  drawn  through 
a  point  ten  miles  north  of  the  southern  extreme  of  Lake  Michigan;  on  the 
north,  by  said  east  and  west  line,  until  the 'same  shall  intersect  the  first- 
mentioned  meridian  line,  which  forms  the  western  boundary  of  the  State 
of  Ohio. 

Sec.  2.  The  State  of  Indiana  shall  possess  jurisdiction,  and  sovereignty 
co-extensive  with  the  boundaries  declared  in  the  preceding  section;  and  shall 
have  concurrent  jurisdiction,  in  civil  and  criminal  cases,  with  the  State  of 


SCHOOL    LAWS    OF    INDIANA  395 

ventucky  on  the  Ohio  river,  and  with  tin-  State  of  Illinoi-  <>M  the  \V abash 
iver.  so  far  as  said  HV«TS  form  the  common  boundary  between  this  state 
nd  -aid  slates  re-uectively. 

ARTICLE  XV. 

MISCKI.L\NEOU8. 

Section  1.  All  officers  whose  appointment  is  not  otherwise  provided  for 
n  this  constitution,  shall  be  chosen  in  such  manner  as  now  is,  or  hereafter 
nay  he,  prescribed  by  law. 

Sec.  2.  When  the  duration  of  any  office  is  not  provided  for  by  this  con- 
stitution, it  may  be  declared  by  law;  and  if  not  so  declared,  such  office  shall 
he  held  during  the  pleasure  of  the  authority  making  the  appointment.  But 
the  general  assembly  shall  not  create  any  office,  the  tenure  of  which  shall  be 
longer  than  four  years. 

Sec.  3.  Whenever  it  is  provided  in  this  constitution,  or  in  any  law  which 
may  be  hen-after  passed,  that  any  officer,  other  than  a  member  of  the  general 
assembly,  shall  hold  his  office  for  any  given  term,  the  same  shall  be  construed 
to  mean  that  srdi  officer  shall  hold  his  office  for  such  term,  and  until  his 
successor  shall  have  been  elected  and  qualified. 

Sec.  4.  Every  person  elected  or  appointed  to  any  office  under  this  con- 
stitution shall,  before  entering  on  the  duties  thereof,  take  an  oath  or  affirma- 
tion to  support  the  Constitution  of  this  state  and  of  the  United  States,  and 
also  an  oath  of  office. 

Sec.  .',.  There  shall  be  a  seal  of  the  state,  kept  by  the  governor  for  official 
purposes,  which  shall  be  called  the  seal  of  the  State  of  Indiana. 

tl.     All  commissions  shall  issue  in  the  name  of  the  state,  shall  be 
signed  by  the  governor,  sealed  by  the  state  seal,  and  attested  by  the 
bate. 

Sec.  7.  nty  shall  be  reduced  to  an  area  less  than  four  hundred 

miles;  nor  shall  any  county  under  that  area  be  further  reduced. 
v     No   lottery    -hall  be  authorized,  nor  shall   the  sale  of  lottery 

tickets    be    allowed. 

'.'.     The    following   grounds  owned  by   the  state  in   Indianapolis. 

namely:    The  state  lion-.  .  the  governor's  circle,  and  so  much  of  out- 

lot   numbered  one  hundred  and  forty-seven  as  lies  north  of  the  arm  of  tin? 
centra!  canal,  -hall  not  lie  sold  or  leased. 

Sec.  K).      it  shall  be  the  duty  of  the  gen.  ral  a-embly  to  provide  for  the 
at  el  vation  of  the  Tippecanoe  battle  ground. 

Aunri.i:   XVI. 

\MKMtMI 

)ii    1.      Any  amendment    or  amendments   )..   this   constitution    may 
proposed  in  either  braii'-h  of  the  general  assembly;  and  if  the  same  -hall 
agreed  ti»  I>Y  ;'  majority  o1'  the  members  elected  to  each  of  the  two  ! 
ich    proposed   amendment    or  amendments   shall,   with  the  yeas  and    i 

entered   on   their  journals  and  referred   to  the  general  assembly 
be  chosen  at   the  ne\t   «:«•!!!  ral  election:  and,  if  in  the  general  assembly 


396  SCHOOL    LAWS    OF    INDIANA 

so  next  chosen,  such  proposed  amendment  or  amendments  shall  be  agreed 
to  by  a  majority  of  all  the  members  elected  to  each  house,  then  it  shall  be  the 
duty  of  the  general  assembly  to  submit  such  amendment  or  amendments 
to  the  electors  of  the  state,  and  if  a  majority  of  said  electors  shall  ratify  the 
same,  such  amendment  or  amendments  shall  become  a  part  of  this  constitu- 
tion. 

Sec.  2.  If  two  or  more  amendments  shall  be  submitted  at  1  he  same  time, 
they  shall  be  submitted  in  such  manner  that  the  electors  shall  vote  for  or 
against  each  of  such  amendments  separately;  and  while  such  an  amendment 
or  amendments  which  shall  have  been  agreed  upon  by  one  general  assembly, 
shall  be  awaiting  the  action  of  the  succeeding  general  assembly,  or  of  the 
electors,  no  additional  amendments  or  amendment  shall  be  proposed. 

SCHEDULE. 

This  constitution,  if  adopted,  shall  take  effect  on  the  first  day  of  Novem^ 
ber,  in  the  year  one  thousand  eight  hundred  and  fifty-one,  and  shall  upersede 
the  constitution  adopted  in  the  year  one  thousand  eight  hundred  and  six- 
teen. That  no  inconvenience  may  arise  from  the  change  in  the  govern- 
ment, it  is  hereby  ordained  as  follows: 

First.  All  laws  now  in  force,-  and  not  inconsistent  with  this  constitution' 
shall  remain  in  force  until  they  shall  expire  or  be  repealed. 

Second.  All  indictments,  prosecutions,  suits,  pleas,  plaints  and  other 
proceedings  pending  in  any  of  the  courts,  shall  be  prosecuted  to  final  judgment 
and  execution;  and  all  appeals,  writs  of  error,  certiorari  and  injunctions  shall 
be  carried  on  in  the  several  courts,  in  the  same  manner  as  is  now  provided 
by  law. 

Third.  All  fines,  penalties  and  forfeitures,  due  or  accruing  to  the  state, 
or  to  any  county  therein,  shall  inure  to  the  state,  or  to  such  county  in  the  man- 
ner prescribed  by  law.  All  bonds  executed  to  the  state,  or  to  any  officer, 
n  his  official  capar-ity,  shall  remain  in  orce,  and  inure  to  the  use  of  those  con- 
cerned. 

Fourth.  All  acts  of  incorporation  for  municipal  purposes  shall  continue 
'n  force. under  this  constitution,  until  such  time  as  the  general  assembly  shall, 
in  its  discretion,  modify  or  repeal  the  same. 

Fifth.  The  governor,  at  the  expiration  of  the  present  official  term,  shall 
continue  to  act  until  his  successor  shall  have  been  sworn  into  office. 

Sixth.  There  shall  be  a  session  of  the  general  assembly,  commencing 
on  the  first  Monday  of  December,  in  the  year  one  thousand  eight  hundred 
and  fifty-one. 

Seventh.  Senators  now  in  'office  and  holding  over,  under  the  existing 
constitution,  and  such  as  may  be  elected  at  the  next  general  election,  and  the 
representatives  then  elected,  shall  continue  ri  office  until  the  first  general 
election  under  this  constitution. 

Eighth.  The  first  general  election  under  this  constitution  shall  be  held 
in  the  year  one  thousand  eight  hundred  and  fifty- two. 

Ninth.  The  first  election  for  governor,  lieutenant-governor,  judges  of 
the  supreme  court  and  circuit  courts,  clerk  of  the  supreme  court,  prosecuting 
attorney,  secretary,  auditor,  and  treasurer  of  state,  and  state  superintendent 


SCHOOL    LAWS    OF    INDIANA 

of  »ublic  instruction,  under  this  constitution,  shall  he  held  at  the  general 
ele  tion  in  the  year  one  thousand  eight  hundred  and  fifty-two;  and  such  of 
sai  officers  as  may  be  in  office  "when  this  constitution  sh;ill  go  into  effect, 
sh;  1  continue  in  thrir  respective  offices  until  their  successors  shall  have  been 
elc  ted  and  qualified. 

Tenth.  Every  person  elected  by  popular  vot< •.  and  now  in  any  office 
wl  ch  is  continued  by  this  constitution,  and  every  person  who  shall  be  so 
el<  fted  to  any  such  office  before  the  taking  effect  of  this  constitution  (except 
as  n  this  constitution  otherwise  provided),  shall  continue  in  office  until  the 
tei  n  for  which  such  person  nas  been,  or  may  be,  elected,  shall  expire:  Pro- 
vi(  zd,  That  no  such  person  shall  continue  in  office  after  the  taking  effect  of 
th  s  constitution,  for  a  longer  period  than  the  term  of  such  office  in  this 
co  istitution  prescribed. 

Eleventh.  On  the  taking  effect  of  this  constitution,  all  officers  thereby 
cc  itinued  in  office  shall,  before  proceeding  in  the  further  discharge  of  their 
di  ties,  take  an  oath  or  affirmation  to  support  this  constitution. 

Twelfth.  All  vacancies  that  may  occur  in  existing  offices  prior  to  the 
fii  *t  general  election  under  this  constitution,  shall  be  filled  in  the  manner 
n<  w  prescribed  by  law. 

Thirteenth.  At  the  time  of  submitting  this  constitution  to  the  electors 
fc  •  their  approval  or  disapproval,  the  article  numbered  thirteen,  in  relation 
t<  negroes  and  mulattoes,  shall  be  submitted  as  a  distinct  proposition,  in 
1 1  e  following  form:  "Exclusion  and  colonization  of  negroes  and  mulattoes," 
"Aye,"  or  "No."  And  if  a  majority  of  the  votes  cast  shall  be  in  favor  of 
s;  id  article,  then  the  same  shall  form  a  part  of  this  constitution,  otherwise 
it  -hall  be  void  and  form  no  part  thereof. 

•    Fourteenth.     No  article  or  section  of  this  constitution  shall  be  sub- 
itted  as  a  distinct  proposition  to  a  vote  of  the  electors  otherwise  than  as 

li  rein  provided. 

Fifteenth,  \\iienever  a  portion  of  the  citizens  of  the  counties  of  Perry 
a  id  Spencer  shall  deem  it  expedient  to  form,  of  the  contiguous  territory  of  said 
<•  unities,  a  new  county,  it  shall  be  the  duty  of  those  interested  in  the  or- 
gini/atiun  of  such  new  county,  to  lay  off  the  same  by  proper  metes  and 
bounds  of  equal  portions  as  nearly  as  practicable,  not  to  exceed  one-third 
of  the  territory  of  each  of  said  counties.  The  proposal  to  create  such  new 
county  shall  be  submitted  to  the  voters  of  said  counties,  at  a  general  election, 
i  i  such  manner  as  shall  be  .1  by  law.  And  if  a  majority  of  all  the 

A  otes  given  at  said  election  shall  be  in  favor  of  the  organization  of  said  new 
'  ounty,  it  shall  be  the  duty  of  the  general  assembly  to  organize  the  same  out 
of  the  territory  thus  designated. 

Sixteenth.  The  general  assembly  may  alter  or  amend  the  charter  of 
Clarksville,  and  make  such  regulations  as  may  be  necessary  for  carrying 
into  effect  the  objects  contemplated  in  granting  the  same,  and  the  funds 
to  said  town  shall  be  applied  according  to  the  intention  of  the 


398 


SCHOOL    LAWS    OF    INDIANA 


Done  in  convention,  at  Indianapolis,  the  tenth  day  of  February,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  fifty-one,  and  of  the  in- 
dependence of  the  United  States,  the  seventy-fifth. 

GEORGE  WHITEFIELD  CARR, 
President  and  Delegate  from  the  County  of  Lawrence. 

Attest:     WM.  H.  ENGLISH, 

Principal  Secretary. 

V 

GEO.  L.  SITES, 
HERMAN.  G.  BARKWELL, 
ROBERTS  M.  EVANS, 

Assistant  Secretaries. 


SCHOOL    LAW8    OP    INDIANA 

ADDKXDA 


section-  >t  He-ken  out  or  amended   read  as  follows.- 
ARTICLE    II. 

8UFFH\«.I.      \M> 

SECTION  2.  In  all  elect  ions,  not  otherwise  provided  for  by  t  hi*  <-otisi  it  :n  ion 
w  ite  male  cit  i/.en  of  t  lie  Iniied  States,  of  the  age  of  twenty-one  yean  and  upwards, 
w  o  shall  have  resided  in  the  state  during  the  six  months  iniinediately  preceding  such 
•'I  ction:  and  every  white  rp.de.  of  foreign  birth  of  the  age  of  t  went  \ -one  \e:irs  and 
u  \\ards.  who  shall  have  resided  in  the  I'nited  States  one  year,  and  shall  >ia\e  resided 
ir  tin's  state  during  the  six  months  immediately  preceding  such  eleetion.  and  shall 
h  ve  declared  his  intention  to  become  a  citizen  of  the  I'nited  States,  conformably  to 
t!  -laws  of  the  I'nited  States  on  the  subject  of  naturali/.at  ion.  shall  he  entitled  to  vote 
ii  the  township  or  precinct  where  he  may  reside. 

SEC.  .'..     No  negro  or  mulatto  shall  have  the  right  of  suffrage. 

1  1.     All  general  elections  shall  be  held  on  the  second  Tuesday  in  October. 

ARTICLE  IV. 

LEGISLATIVE. 

SECTION  4.     The  general  assembly  shall,  at  its  second  -r  the  adoption 

(i    this  constitution,  and  every  si\  years  thereafter,  cause  an  enumeration  to  be  made 
o   all  the  white  male  inhabitant*  over  the  age  of  twenty-one  ye 

•  SEC.  5.  The  number  of  senators  and  representatives  shall,  at  the  session  next  fol- 
\\inu'  each  period  of  making  such  enum'-raiion,  be  fixed  by  law.  and  apportioned 
.1  norm  the  several  counties,  according  to  the  number  of  white  male  inhaf  itaiMs,  above 
twenty-one  years  of  age.  in  each:  Provided,  That  the  first  and  second  elections  of 
n  embers  of  the  general  assembly,  under  this  constitution,  shall  be  according  to  the 
a  >portionment  las!  made  by  the  general  assembly,  before'  the  adoption  of  this  con- 

Iitmion. 
In  relation  to  fees  or  salaries. 


ARTICLE  VII. 

.ni.' 


!.      The  judicial  power  of  the  state  shall  be  vested  in  a  supreme  court,  in 
circuit  courts,  and  in  -ucli  inferior  OOUTtfl  :K  the  general  assembly  may  establish. 


XIII. 


. 

_'ro  or  mulatto  shall  come  into,  or  settle  in.  tli.  r  the 

adoption  of  this  constitution. 

ntracts  made  *j  ..TO  or  mulatto  coming  into  the  state,  con- 

1  rarv  to  t  he  provisions  of  t  lie  ('••  'id:  and  any  person  who  shall 

"inploy   such   netrro  or   mulatto,  or  otherwise  encourage  him  to  remain   in   the  state. 
hall  be  fined  in  any  sum  not  1-  PS,  nor  m.>re  than  Jive  hundred  dollars. 

SEC.  3.     All  fines  which  may  be  collected  for  a  violation  of  the  provisions   of  this 
irti"le.  or  of  any  law   which   may   hereafter  be  passed  for  the  pnrpo- 
-ame  into  e- edition,  shall   be  vet  apart   and  ap:  '<-r  the  e,>|, mi/at  ion  of  such 

legroes  and   mi;  .-endant^.  as  may   be  in  the  state  at   the  adoption 

)f  this  constitution,  and  may  be  willing  m  eniiirrale. 

out   the  p,  i 
irtiele. 


400  SCHOOL    LAWS    OF    INDIANA 


INDEX  TO  CONSTITUTION. 


PAGE 

CONSTITUTION  OP  INDIANA 377 

Addenda 399 

Administrative 387 

Amendments 395 

Bill  of  Rights 378 

Boundaries 394 

Corporation 392 

Distribution  of  powers \ 381 

Education 390 

Executive 385 

Finance 391 

Historical  sketch 377 

Judicial 388 

Legislative 382 

Militia. 393 

Miscellaneous 395 

Political  and  municipal  corporations 394 

Preamble 378 

Schedule 396 

State  institutions 391 

Suffrage  and  election 380 


INDEX 


[References  are  to  sections  unless  otherwise  noted.] 


)NMENT  OF  SCHOOLS, 
board  of  trustees  may  convey  property  to  township,  27 li. 
by  board  of  school  trustees  in  incorporated  towns,  271h. 
by  trustee  when  average  daily  attendance  fifteen  or  less,  27  Ic. 
civil  town  may  assume  debt  of  school  town,  271k,  1. 
Conditions  governing  use  of  grounds  for  park  purposes,  271e. 

«nt  of  voters,  when  necessary,  271h. 
conveyance  of  property  to  township,  271i. 
dissolution  of  school  corporation,  27 Ih. 
petition  by  majority  of  legal  voters,  271a. 
re-establishment,  271b. 
township  control,  271j. 
when  real  estate  used  for  park  purposes  in  cities  of  fifth  class,  27 Id. 

ACCREDITED  NORMAL  SCHOOLS, 
course  of  study,  644. 

two-year  course,  diploma,  645.  646. 
requirements  for,  how  fixed,  643. 

term  "accredited"  when  to  and  when  not  to  be  used  as  part  of  name  of 
school,  647,  648. 

ADVISORY  BOARD, 

appointment  of  first  members,  818. 

dmi»-s  807. 

emergency  expenditures  authorized  by,  812. 

may  levy  tax  for  library  purposes,  842,  847,  854. 

Of,  808. 

taxpayers  may  attend,  808. 

township  trustees  to  attend,  810. 

upon  special  call,  812. 
provisions  for  payment,  106. 
salary  of,  811. 

shall  examine  and  pass  upon  trustee's  annual  report,  814. 
term  of  office,  807. 
transfer  of  funds,  113. 
vacancies,  how  filled,  807. 
when  and  how  elected,  807. 

A(iK [CULTURAL  COLLE< ;  I 

See  I'i  K;KK  UNIVERSITY. 

AGRICULTURAL  INSTRUCTION, 
Indiana  t'nivrr.-ity.  (\\)\. 

(401) 


402  INDEX. 

[References  are  to  sections  unless  otherwise  noted.] 

AGRICULTURAL  SUPERVISOR, 
qualifications,  page  45. 

ALCOHOL, 

instruction  in  effect  of,  137 
teachers  examined  in  subject  of,  117. 

ANNEXED  TERRITORY, 
schoolhouse  in,  190. 

APPEALS, 

from  county  superintendent  to  superintendent  of  public  instruction,  60. 
from  decision  of  county  superintendent  in  issuing  success  grades,  46. 
from  school  director  to  township  trustee,  145.  J^fc 

from  township  trustee  to  county  superintendent,  59. 
revocation  of  license  by  county  superintendent  appealed  to  superinten- 
dent of  public  instruction,  51. 

APPORTIONMENT, 

among  counties,  414. 

among  school  corporations,  413. 

balance  unapportioned,  disposition  of,  412. 

congressional  township  divided,  407. 

contents  of  reports,  406. 

county  auditor's  reports  as  to,  405. 

deficiency  certificate,  how  issued,  417,  418. 

distribution  of  5.2  per  cent  of  fund,  415. 

dog  tax  fund,  how  distributed,  422. 

failure  to  report  liability,  408,  413. 

manner  of  apportionment,  413. 

payment  to  treasurers,  410,  411. 

printed  statement  as  to,  409. 

semi-annually,  404. 

sinking  fund,  interest  on,  421. 

time  of  making  reports,  406. 

town  or  township  deficiency,  certificate  for,  416. 

trustee,  duty  as  to,  423,  424. 

ARBOR  DAY, 

designation,  165. 

Governor's  proclamation,  166. 

observance,  165. 

ART  ASSOCIATIONS, 

cities  of  first  class,  to  pay  money  to,  conditions,  329-335. 

ART  SUPERVISOR, 

qualifications,  page  45. 

ASSISTANT    STATE    SUPERINTENDENT    OF   PUBLIC    INSTRUC- 
TION, 

salary  of,  9a. 


INDEX. 


Hi:; 


[Refcn  nn  .s  an-  t<>  *»r/ /<•//*  unless  otherwise  / 

A  SOCIATlnxS.  TKACHKRS. 
attending,  pay  for.  I'J'.t. 

A  [TF,N  DANCE  OFFK 

appointment  of,  (il'J. 

cities  may  have,  613. 

duties,  611,  612. 

salary  of,  C>!1. 

teache.rs  to  report  to,  615. 

trustees  to  report  to,  622,  623. 

1  UDITOR, 

See  COUNTY  AUDITOR. 
bond  for,  in  cities  of  first  class,  304. 


B 

1AXK  TAX   FUND, 

titutional  provision.  23. 

REQUESTS, 

unit  from  taxation,  \\hen,  548. 

JIBLE, 

not  to  be  excluded  from  public  schools,  130. 

1LIND, 

compulsory  «!uc.-ition,  609. 

BOARD  OF  COUNTY  COMMISSIONERS, 

report  on  school  fund,  536-538. 

"MMISS!()\HR8. 

See  SCHOOL  BOARDS. 

OXDS. 

additional  bonds  issued,  559. 

auditor  in  cities  of  first  class  to  give,  304. 

business  director  in  cities  of  first  class  to  give,  298. 

cities  and  town-  may  i-sue  for  funding  or  refunding  indebtedness.  .V»l. 

cities  ami  town-  to  i»m   for  grounds,  buildings  and  repair-.  " 

civil  and  -chool  townships  may  issue  for  school  purposes,  when,  .".s: 

condition  In-fore  is<uinir.  ">.VJ. 

for  si-hool  buildinii-.  •"> !'.». 

for  >chool  trustees.  ~'.\. 

for  vocational  township  school,  398. 

in  anticipation  of  current  revenue,  olid.  .'.111. 

in  cities  of  first  class,  additional  for  high  school. 

in  cities  of  first  cla>>.  for  buildinirs  and  gnnnnN.  3 1'.".. 

in  cities  of  first  ol  d  i»y  >«-hool.  31."i. 

in  cit  i«-s  of  second  <  '-">65. 

in  town-  and  cities  ,,f  !.(«)()  to  ."),(HX).  tru-tee>  may  if  "><'s. 


404 


INDEX. 


[References  are  to  sections  unless  otherwise  noted.] 

BONDS— Continued. 

in  towns  of  not  over  1,000,  trustees  may  issue,  576,  577. 

levy  for  interest  and  sinking  fund,  555. 

proceeds  of  sale  of,  used  how,  550. 

school  boards  in  cities  of  15,000  to  30,000  to  issue  for  library  purposes, 

878. 

special  tax  for,  551. 

surplus  special  school  revenue  to  be  applied  on,  553. 
taxes  levied  to  pay,  557. 

township  trustees  may  issue  to  fund  or  refund  indebtedness,  578,  579. 
towns  of  not  over  2,000  may  issue,  when,  570-575. 
trustees  to  give  when,  558. 


BOOKS, 


See  TEXT-BOOKS. 


BUSINESS  DIRECTOR, 

cities  of  first  class,  295,  298. 

BY-LAWS, 

adoption  by  state  board,  24. 


CARNATION, 

state  flower,  169. 

CERTIFICATES, 

See  LICENSE. 

township  debts  legalized,  102. 

CIRCUS  LICENSE, 

money  for  part  of  school  fund,  429-431. 

CITIES, 

annexed  territory, 

school  property  in,  liability  for  debt,  192. 
cities  over  50,000  exempted  from  school  trustee  provisions,  72, 
school  city,  78. 

CITY  SUPERINTENDENT, 

cities  of  first  class,  296. 
duty  to  visit  teachers,  36. 

COLLEGE  GRADUATES, 

examination  for  life  licenses,  251b. 

COLORED  CHILDREN, 

separate  schools  for,  134. 


INDEX. 


405 


are  to 


MM  ON   SCHOOL  FUND. 


nnltxx  »thrrwis 


See  SCHOOL  FUND. 
constit  utional  provisions,  2-7. 
counties  held  liable.  constitutional  provision,  6. 
••ounty  superintendent  to  inspect  official  dockets,  records,  books  of 

account,  etc.,  57. 
escheated  lands,  2. 
how  derived,  2. 

interest  on.  paid  and  apportioned  by  county  superintendent,  58. 
investment  and  distribution,  constitutional  provision,  4. 
principal,  a  perpetual  fund,  constitutional  provision,  3. 
proei  eds  of  sale  of  county  seminaries,  2. 
reinvestment,  constitutional  provision,  5. 
report  of  additions  for  the  year  in  superintendent's  report  to  the 

Ciovernor,  12. 

school  trustees  to  keep  record  of  school  revenue,  79. 
sources,  2. 

ial  school  fund,  tax  for,  363. 
special  school  revenue  and  school  revenue  for  tuition,  school  trustees 

to  distinguish  between,  79. 
superintendent  of  public  instruction  to  examine  condition  of  school 

fund  in  each  county,  14. 

supervised  by  superintendent  of  public  instruction,  16. 
supplementary  tuition  fund,  tax  for,  365. 
surplus  special  school  revenue  paid  over  by  school  trustees  to  common 

council,  etc.,  80. 
taxes  on  corporations,  2. 
tax  for,  361. 

trust  funds  inviolate,  constitutional  provision.  7. 
what  included  in  lin«-s  and  forfeitures,  2. 


(  OMMON   SCHOOLS, 


l 


See  SCHOOLS. 


urade  of  license,  page  43. 

issuance  of  teachers  license  by  state  superintendent,  pages  41-46. 


COMPULSORY  EDUCATION, 

t children  affected  by,  age,  established  how,  609. 
blind,  609. 
confirmed  truant,  provisions  for,  619. 
deaf,  609. 
employment,  age  limit,  610.  til  1. 
incorrigible*,  provisions  for.  (ilx 
temporary  aid  for.  617. 
penalty  for  violation,  623,  625. 

OOKDITIONKI)  SUBJECTS, 
examinations,  page  42. 


406  INDEX. 


[References  are  to  sections  unless  otherwise  noted.} 

CONSOLIDATED  SCHOOLS, 

board  of  trustees,  election,  salary,  etc.,  262,  2(>:J. 
joint  property,  265. 
new  buildings,  264. 
preliminary  control  of,  261. 
transportation  of  pupils,  266. 

CONSOLIDATION  OF  SCHOOLS, 
by  town  and  township,  267-271. 
by  township,  town  or  city  of  fifth  class,  258. 
control  of,  257. 
election  to  determine,  259. 

manner  and  expense  of,  260. 
petition  for,  256. 

CONSTITUTIONAL  PROVISIONS, 
counties  held  liable  for  fund,  6. 
investment  and  distribution,  4. 
reinvestment,  5. 

superintendent  of  public  instruction,  8. 
trust  funds  inviolate,  7. 

CONTRACTS, 

in  cities  of  first  class,  when  to  be  in  writing,  308. 

CONTRACTS,  TEACHERS, 
forms  for,  116. 

CORONER, 

money  held  by  to  become  part  of  school  fund  when,  428. 

CORPORATIONS, 

tax  for  school  fund,  2. 

COUNTY  AGENT, 

appointment  of,  duties,  387. 

COUNTY  AUDITOR, 

duty  to  make  reports  for  revenue  apportionment,  405-408. 

COUNTY  BOARD  OF  EDUCATION, 

membership  and  duties,  94. 

COUNTY  HIGH  SCHOOLS, 

See  HIGH  SCHOOLS. 
management  of,  203,  204. 
trustees  for,  duties,  204. 

COUNTY  SEMINARIES, 

proceeds  of  sale,  part  of  school  fund,  2. 

COUNTY  SUPERINTENDENT, 

additional  salaries  in  certain  counties,  31. 

appeal  from,  to  superintendent  of  public  instruction,  60. 


INDEX.  407 


[References  are,  to  sections  unless  othcnri.^   n<>t«L\ 

C    fXTY   SI-1M<:KINTKNI)KNT— Continued. 
appeal  to,  from  township  trusts*.  .">!). 
appeal  to  in  matter  nf  transfer  of  pupils.  271. 

-taut,  how  >eeiired.  33. 
cities  exempt  from  superintendence 
duty  to  visit  teachers.  36. 
election,  27. 

enumerates  children,  under  what  conditions  "»l. 
enumeration  report  made  annually,  55. 
forbidden  interest  in  private  normal  school,  penalty,  61-63. 
general  duties,  34. 
impeachment,  cause  for,  28. 
inspection  of  official  dockets*  records,  books  of  account,  etc.,  dealing 

with  school  funds,  57. 

interest  on  school  fund  paid  and  apportioned  by,  58. 
issues  success  grades,  45. 

makes  report  for  use  in  apportionment  of  school  revenue,  56. 
may  issue  temporary  teaching  permits,  under  what  conditions,  41. 
may  revoke  license,  51. 
office  and  supplies,  how  furnished,  52. 
private  normal  schools,  interest  in,  61. 
qualifications  of,  27. 


records  kept  by  and  delivered  to  successor,  47. 

s-dary  in  the  several  counties,  30. 

shall  collect  fee  from  applicants  for  state  license,  38. 

snail  provide  for  examination  of  common  school  pupils,  37. 

shall  hold  examination  for  applicants  for  teachers  license,  38. 

term  of  office,  27. 

traveling  expenses,  ."•'_'. 

vacancy,  27. 


I 
I 


DEAF, 

compulsory  education,  609. 

DEFICIENCY, 

counties,  in  common  school  fund,  433. 

in  town  or  township  school  revenue.  416-420. 

DEFICIENCY  CERTIFICATE,  1  <>K  SCHOOL  REVENUE, 
when  and  how  issued  416. 


EPARTMENT  OF  PUBLIC  INSTRUCTION. 

See  STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 
appropriation  for,  9a. 

DEPENDENT  CHILDREN. 

"duration  law  applies  to,  624,  625. 


DEPOSITORIES,  PUBLIC  FUND-. 

amount  of  deposits,  determination,  906. 


amoi 


408 


INDEX. 


[References  are  to  sections  unless  otherwise  noted.] 

DEPOSITORIES,  PUBLIC  FUNDS— Continued. 

checks  on,  how  signed,  909. 

examination  of,  reports  submitted;  910. 

monthly  statements  by,  909. 

selection  of  without  notice,  911. 
auditor  of  state,  calling  for  reports,  910. 
balances  daily  to  be  shown,  890. 
boards  and  trustees,  payment  of  funds,  892. 
cash  books,  entries,  balances,  890. 
checks  on  depositories,  how  signed,  909. 
cities  and  towns,  board  of  finance,  897. 

composition,  897.  , 

county  board  of  finance,  895. 

auditor  is  secretary,  895. 

composition,  895. 

salary  of,  896. 
depositories,  requirements,  900. 

bonds,  amount  for  surety,  900. 

creation  of  depositories,  905. 

deposits  of  bonds  as  surety,  901. 

revocation  of  rights,  appeal,  905. 

state  depositories,  906. 

surety  disapproved,  decision  of  court,  902. 
duty  of  officers  to  make  deposits,  899. 

amount  of,  boards  determine,  906. 

daily  deposits  required,  912 
embezzlement  by  officers,  912. 
examination  of  depositories,  910. 

reports  submitted  to  examiner,  910. 
fees  and  salaries,  payments,  893. 
interest  on  deposits,  904. 

settlements  for,  909. 
loss  of  funds,  exemption,  913. 
notice  for  proposals,  903. 

selection  of  without  notes,  911. 

officers  relieved  from  loss,  913. 
proposals  for  deposits,  notice,  903. 

interest  on  deposits,  904. 

submitting  for  deposits,  904. 
salaries  and  fees,  payment,  893. 
schools,  boards  of  finance,  898. 

who  to  compose,  898. 
securities  deposited,  title  to,  907. 

default,  sale  of,  907. 
state  board  of  finance,  894. 

composition  of  board,  894. 

depositories,  selection,  906. 

institutions,  payment  of  funds,  892. 

institutions,  payment  of  funds,  duties  of  board,  894, 


INDKX.  400 


re  to 

)K  'OSITORIES,  PUBLIC   FUNDS— Continued. 

treasurer,  payment-  to.  s«.M. 
surety  re(iuired  of  depOflitoriee/JXX)   901. 

disapproval,  decision  of  court,  902. 
sale  of  seeiiriiies  deposited.  902. 
towns,  hoards  of  finance,  897. 
composition,  897. 

Dl    MJTY  STATE  SUPERINTENDENT  OF  PUBLIC  IXSTRl  (TK)X, 
salary  of,  9a. 

Dl  -PENSARIES, 

relief  provided  for  indigent  children,  after  medical  inspection,  156. 

D(  G  TAX, 

hydrophobia  fund,  432. 
surplus  fund,  422. 

D(  MESTIC  SCIENCE  SUPERVISOR, 

qualifications,  page  46. 

D(  NATIONS, 

for  high  schools,  202. 

D(  NATIONS,  BEQUESTS, 

conditions,  performance,  196-200. 


Ml  KBM 


. 


08YNARY  INSTITUTIONS, 

conditions  for  ivceiving  children.  624. 

penalty  for  violating  compulsory  education  la\\ .  «'»•_'.". 

,EMEN'IAi:V  SCHOOLS. 
d.-lined.  146. 


KMKKdKXCV  SCHOOL  TOWNSHIP  DEBTS, 

legalized.  l.)~>. 

EMINENT  DOMAIN. 

school  hoa'-d  ha-  po\\rr  of.  atfefl  <•!'  i  he  liivt  class,  317. 

EMPLOYMENT  OF  CIIILDKKX    UNDER   slXTKKN, 
9ee  COMITI.-(.HV  KDUCATION. 

ENUMKHATIOX,  y 

county  supeniil«-iidi-iit.'-  t'a;lun    to  make  report.  p« n;dt\   for.  .".."•. 
duplicate    reports    where   eon:-n  —  ional    touiL-hij)    in    more    than    one 

count \ . 

duties  of  enunierator-.  621. 

enuineratoi-s  appointed  l»y  -diool  trustees,  .-alary.  «  to.,  99,  90, 
list  of  soldiers  and  sailors  filed  with  clerk  of  court,  92. 
orphans.  280. 


410 


INDEX. 


[References  are  to  sections  unless  otherwise  noted.] 

ENUMERATION— Continued. 

provisions  for  when  trustee  fails  to  take,  54. 
retaken  when,  55. 

school  trustees  to  take,  and  who  enumerated,  89. 
soldiers  and  sailors,  91. 

ESCHEATS, 

part  of  school  fund,  2. 

ESTRAYS, 

fund  from,  427. 

EXAMINATION  QUESTIONS, 
penalty  for  traffic  in.  52. 

EXAMINATIONS, 

See  LICENSES. 

exemptions  from,  under  what  conditions,  48. 
fees  for  examination,  page  43. 
for  applicants  for  teachers  license,  38. 
for  common  school  pupils,  37. 

for  licenses  issued  by  state  superintendent,  pages  41-46. 
high  school  equivalency,  page  48. 

license  for  common  school  by  state  superintendent,  pages  41-46. 
rules  for  examination  for  professional  and  life  license,  pages  40,  41 
subjects  required  for  elementary  license,  39. 
when  teachers  conditioned  in  two  subjects,  40. 

EXEMPTION  LICENSE, 
invalid  when,  44. 
issuance  by  state  superintendent,  page  46. 


FARMERS'  INSTITUTES, 
provisions  for,  790. 

FARMERS'  READING  COURSES, 

provisions  for,  786. 

FEES, 

payment  by  applicants  for  state  license,  38. 

state  superintendent's  examination  for  common  school  license,  pages 
41  46. 

FERRYMAN'S  LICENSE. 

money  for  part  of^school  fund,  429-431. 

FINES  AND  FORFEITURES, 

part  of  common_school  fund,  2. 

FIRE  ESCAPES, 

provisions  for,  221-226. 


INDEX. 
[References  are  to  sections  unless  otherwise  noted.] 

destruction  or  mutilation  unlawful,  161. 

display  of,  160. 

how  procured,  159. 

penalty  for,  destruction  or  mutilation,  162. 

>REIGN  LANGUAGE, 

instructors  in  German  language,  136. 


F  JNDING  BONDS, 

sales  legalized,  98. 


G  3RMAN, 

instructors  in,  provided  by  school  trustees,  136. 

(     JYERNOR, 

appoints  members  of  state  board  of  education,  23. 
Indiana  University,  a  member  of  board  of  visitors,  678. 
proclamation  announcing  text-book  contract,  594. 

TRADES, 

licenses  for  common  school  issued  by  state  superintendent,   pages 
41-46. 


(   RVDUATION  EXAMINATIONS, 

rmmty  superintendent  to  provide  for,  37. 


II 


EALTH  INSPECTION, 

<-ities  of  first  class,  330 


\   Kill   SCHOOL  DISTRICT, 
control  of,  248. 

expenses,  apportionment,  249. 
withdrawal  from.  251. 


I  Kill   SCHOOL  INSPECTOR, 
duties,  148. 
how  appointed,  148 
salary  of,  148. 


1 1  Kill  SCHOOL  LICENSE, 

requirements  for,  page  44. 

HIGH  SCHOOLS, 

county,  management  of,  203r  204. 

courses  and  studies,  146,  147. 

defined,  146. 

donations  for,  202. 

established  in  township,  how,  254   JV>. 


412 


INDEX. 


[References  are  to  sections  unless  otherwise  noted.] 

HIGH  SCHOOLS— Continued. 

inspector,  appropriation  for,  149. 

inspector,  duties,  148. 

inspector,  how  appointed,  148. 

inspector,  salary  of,  148. 

joint  township  high  schools,  253. 

license  issued  to  teacher  by  state  superintendent,  page  44. 

term,  continuance  by  school  trustees,  132. 

township,  amount  of  taxable  property  required  to  establish,  255. 

uniform  text-books  for,  600. 

HYDROPHOBIA  FUND, 
dog  tax,  432. 

HYGIENE, 

teaching  of,  201. 


IMPEACHMENT, 

county  superintendent,  28. 

INDEBTEDNESS, 

legalized,  580-582. 

INDIANAPOLIS, 

See  SCHOOLS  IN  CITIES  OF  FIRST  CLASS. 
pensions  for  teachers,  942-958. 

INDIANA  SOLDIERS5  AND  SAILORS'  ORPHANS'  HOME, 
admission  to,  286. 

INDIANA  STATE  NORMAL, 
tax  for,  368. 

INDIANA  UNIVERSITY, 

agricultural  department,  691. 
alumni  of  university,  664. 

meeting  to  elect  trustees,  666. 

nomination  of  trustees,  665. 

registry  of  alumni,  664. 

voting  by,  bow  done,  667. 
board  of  visitors,  who  are,  678. 

attendance  at  commencement,  679. 

duty  of  board,  680. 

record  of  proceedings,  681. 
counties  may  send  two  students  free,  675. 

notice  given  to  counties,  676. 
endowment  fund,  650. 

application  of  fund,  651. 

issue  of  bond  to  trustees,  652. 


INDEX. 


413 


[References  are  to  sections  unless  othenoise  noted.} 

I>  DIANA  UNIVERSITY— Contmii.il. 

loan  of  fund-. 

mortgage,  record  of,  654. 

-talc  a  preferred  borrower,  655. 
faculty,  who  to  compose.  672. 

geological  examinations.  Os.".. 

lectures  1>\  faculty,  084. 

powers  of  faculty,  672. 

state  geologist  a  member,  695. 
funds,  interest  on  loans  paid  to,  671. 

abstract  of  title.  705. 

account  of  funds,  720. 

account  with  borrowers,  721. 

amount  bid  at  sale,  714. 

amount  of  loans.  700. 

auditor  of  state  not  to  loan,  703. 

auditor  of  state  to  loan,  697. 

bidding  in  by  auditor,  713. 

by  counties,  764. 

certificate  as  to  liens,  704. 

collection  of  money  loaned,  761. 

deed  for  land,  recording,  717. 

distribution  to  counties,  762. 

fees  of  officers,  719. 

interest,  loan  of,  722. 

interest,  rate  of,  701 . 

judgment  without  release,  710. 

loans  made  in  counties,  762. 

manner  of  sale,  712. 

mortgage',  form  of,  698. 

note,  form  of,  699. 

payment  of  loan,  707. 

pay  of  officers  for  managing  fund,  7:*><). 

r«  cord  and  priority,  702. 

recording  of  loans,  ?().'•>. 

-ale  for  cash,  certificate,  717. 

-air  of  mortgaged  property,  711. 

sale  on  credit,  mortgage,  deed,  718. 

>a  list  'ad  inn  of  mortgage,  708. 

security  of  loans,  700. 

statement  of  sale,  715. 

suit  for  deficiency  after  sale  of  mortgaged  land 

suits  to  enforce  mortgage,  709. 

title  of  state  to  land  bid  in,  716. 

warrant  on  treasurer.  TOO. 

what  to  con<i>i  ..f,  696. 

received  by  'or  educational  purposes.  7W  - 
interest  applied  on  expenses.  • 

current  expenses,  how  paid. 


414  INDEX. 

[References  are  to  sections  unless  otherwise  noted.] 

INDIANA  UNIVERSITY— Continued. 

lands  bid  in  by  auditor,  appraisement  of  lands  granted,  734. 

assignment  of  certificate,  743. 

care  of  unsold  lands,  723. 

certificate  of  purchase,  741. 

extension  of  payments,  731. 

fees  of  officers,  754. 

forfeiture  by  purchaser,  744. 

forfeiture,  release  by  payment,  732. 

information  to  trustees,  760. 

lease  of  unsold  lands,  725. 

loan  of  moneys,  755. 

members  not  to  purchase,  759. 

notice  of  sale,  737. 

patents  for  lands,  724,  750. 

patents,  recording  of,  729. 

payment  before  sale,  746. 

payment  of  money  collected,  727. 

payment  to  state  treasurer,  753. 

pay  of  commissioners,  728. 

place  and  manner  of  sale,  738. 

private  sale,  terms,  740. 

proceeds  of  sales,  disposal,  756. 

recording  and  filing  copy,  735. 

redemption  of  lands,  747. 

register  of  certificate,  742. 

report  by  treasurer,  752. 

report  of  commissioners,  726. 

report  of  sales,  751. 

report  of  sales  by  trustees,  757. 

resale  of  lands,  744. 

sale  by  county  auditor,  736. 

sale  of  forfeited  lands,  733. 

security  against  waste,  748. 

suit  for  waste,  749. 

surplus  proceeds,  disposal,  745. 

terms  of  sale,  739. 

timber  on  lands,  use  of.  723. 

trustee  to  attend  sales,  758. 
librarian,  state,  books  sent  to  university,  694. 
mortgage,  auditor  of  state  not  to  loan,  763. 

collection  of  loans,  761. 

interest  paid  by  counties,  764. 

loa.ns  of  in  counties,  762. 

suit  for  deficiency  after  sale,  765. 
normal  department  of  690. 

regulations  of  department,  690. 
religious  qualifications  not  required,  673. 


INDEX. 


415 


[References  are  to  sections  unless  otherwise  noted. 

IN  DIANA  UNIVERSITY— Continued. 

no  sectarian  tenets  taught,  674. 
scholarships  transferable,  692. 

contingent  fee  for,  693 

perpetual  scholarships,  693. 
tax  for,  368. 
treasurer  of  university,  election  of,  656, 

bond  and  approval,  677. 

duties  of,  682. 
trustees,  agricultural  department,  691. 

alumni  to  elect,  662 

annual  meeting  of.  668. 

annual  report,  contents,  684,  685,  687. 

buildings  committee,  689. 

control  of  funds  and  property,  656. 

corporate  name  of,  656. 

duties  and  pay  of  officers,  656. 

election  and  terms,  661. 

filling  vacancies,  662. 

first,  657. 

first  meeting  of,  658. 

general  powers  and  duties,  656. 

medical  school,  trustees  may  conduct,  766. 

nomination  of  trustees,  665 

normal  department,  690. 

notice  of  sessions,  688. 

number  of,  656. 

officers  elected  by,  656 

pay  of,  660. 

printing  of  report,  686. 

quorum  of  board,  669. 

report -to  state  superintendent,  683. 

requisition  for  expenses,  696. 
« lence  of,  656. 

seminary  township  boards.  670. 

temporary  appointments,  669. 

term*  of,  <'>»;:;. 

vacancies,  how  filled,  659. 

NDIGKNT  CII1LI)KKN; 

appropriation  for.   ! 

INDtSTKIAL  AM)  TKADK  9CHOOU9  IN  CITIKS  <>K 

•      LATION 
maintenance  and  operation,  339. 

INDUSTRIAL  AKTS  SU'KKVISOK. 
qualifications,  page  45. 

INSPECTOR, 

high  school,  148. 


416  INDEX. 

[References  are  to  sections  unless  otherwise  noted.] 

INSTITUTES 

See  TEACHERS  INSTITUTES. 

J 

JANITORS, 

dismissal,  cities  of  first  class,  297. 
medical  examination  of,  156. 
school  trustees  to  appoint;  77. 

JOINT  SCHOOLS, 

control,  235,  236. 

graded  joint  school.  237. 

high  school  district,  determined  how,  246-252. 

joint  township  high  school,  253. 

towns  and  township  to  join,  241-245. 

control,  244. 

cost,  243. 

election,  241,  242. 

joint  ownership  of  property,  244. 
two  or  more  townships  may  establish,  234-239. 

K 

KINDERGARTEN, 

established  by  school  trustees,  150. 

issuance  of  license  by  state  superintendent,  page  46. 

tax  collected  and  disbursed,  152. 

tax  for,  151. 

KINDERGARTEN  SUPERVISOR, 
qualifications,  page  46. 

L 

LANDS, 

See  INDIANA  UNIVERSITY;  SCHOOL  FUND. 
belonging  to  congressional  township  fund,  custody  of,  435,  436, 

LEGAL  HOLIDAYS, 

days  included,  164. 

LEGAL  NOTICES, 

may  be  published  in  weekly  or  daily  newspaper,  111. 

LIBRARIES, 

city  and  town,  county  may  aid,  conditions,  885,  889. 

school  authorities  may  take  charge,  858. 
city  and  t&wn  schools,  acceptance  and  control,  861-867. 

libraries  connected  with,  858. 

real  estate  held,  871. 

tax  in  cities  of  15,000  to  30,000,  878. 

tax  in  cities  of  30,000,  875. 

tax  to  support,  860. 


INDEX. 


417 


™ 


[References  are  to  sections  unless  otherwise  noted.] 


RIES— Continued. 
city,  town  and  township  boards,  certificates  of  appointment,  838. 

donation  of  library,  843. 

establishment  and  control,  835-846. 

fund  raised  for,  used  how,  841. 

how  appointed,  837. 

oath,  838. 

organization,  839. 

parks  used  for  library  purposes,  873. 

removal  of  members,  844. 

report  to  township,  when,  849. 

special  tax  for,  837. 

subscriptions  collected  by,  840. 

taxation  rate  fixed  by,  840. 

township  trustee  ex  officio  member  when,  837. 

treasurers  report  as  to,  845. 

who  eligible,  837. 

who  may  use,  842. 
county  how  established,  882. 

disposition  of  funds,  884. 

(library  board,  882,  883. 
library  board,  oath  of  members,  883. 
may  use  city  or  town  library,  conditions,  885-889. 
organization  of  board,  884. 
powers  and  duties  of  board,  884. 
treasurer,  duties,  liabilities,  876,  877. 
county  may  aid,  conditions,  885-889. 
payment  for  out  of  special  school  fund  by  cities,  872. 
school  authorities  may  take  charge  of,  858. 
tax  for  township  libraries,  867. 
townships,  libraries  open  to,  847. 

tax  levied  by,  847. 

transfer  of  town  property  to  library  board,  880. 
transfer  to  library  association,  869-871. 

LIBRARY  COMMISSION, 

See  PUBLIC  LIBRARY  COMMISSION. 

LIBRARY,  STATE, 

control  of  by  state  library  board,  819. 
legislative  papers  to  be  preserved  in,  824. 
librarian,  assistants,  how  appointed,  821. 

assistants,  salary  of,  829. 

bond  of,  821. 

distribution  of  publications  by,  834. 

election,  term,  duties,  820. 

exchange  or  sale  of  books  by,  825. 

loan  of  books  by,  827. 

misappropriation  of  books  by,  penalty,  826. 

report  to  the  legislature,  830. 


418 


INDEX. 


[References  are  to  sections  unless  otherwise  noted.] 

LIBRARIES,  STATE— Continued. 

salary  of,  829. 

state  documents  to  be  delivered  to,  833. 

term  of  office,  821. 

library  board,  rules  and  regulations  made  by,  828. 
penalty  for  violation  of  laws  governing,  832. 
removal  of  librarian  or  assistant,  832. 
state  documents  to  be  preserved  in,  823. 
when  to  be  kept  open,  822. 

LICENSE, 

See  TEACHERS. 

applicants  for  state  license  to  pay  fee,  38. 
county  superintendent  may  revoke,  51. 
issued  by  county  superintendent,  common  school,  page  46. 

primary,  page  46. 

temporary  permits,  page  47  and  section  41. 
issued  by  state  board  of  education,  life,  page  40. 

professional,  page  39. 

special,  page  41. 
issued  by  state  superintendent  of  public  instruction,  pages  41-46. 

by  validation,  page  46. 

common  school,  page  41. 

exemption,  page  46  and  section  43. 

high  school,  page  44.  ^ 

kindergarten,  page  46. 

primary,  page  44. 

supervisor,  page  45. 

penalty  for  traffic  in  examination  questions,  53. 
professional  license,  conditions  for,  42. 
state  normal  diplomas  valid  as  life  state  licenses,  page  47. 

LIFE  LICENSES, 

examination  for  by  state  board,  page  40 
excepted  subjects,  page  40. 


LOANS, 


See  SCHOOL  FUND. 


M 


MANUAL  TRAINING, 

in  cities  of  first  class,  321-323. 

MEDICAL  INSPECTION, 
defined,  154. 
how  instituted,^153. 
physician,  duties,  156. 


[References  are  ;o  sections  unless  otherwise  noted.} 

JV1  EDICAL  INSPECTION— Continued, 
physician,  how  appointed,  155. 
rules  for  enforcement,  157. 

*  EDICAL  INSPECTION  LAW, 

penalty  for  violation,  158. 

*  EDICAL  SCHOOLS, 

Indiana  University,  7( '»•'•. 

*  .ILITARY  TRAINING, 

instructors  may  a^t  as  physical  directors,  174. 
not  compulsory,  175. 
provision  for,  17M. 

:  IINIMUM  WAGES, 
for  teachers,  123. 

:  IORTGAGES, 

See  SCHOOL  FUND. 

:  1USIC  SUPERVISOR, 

qualifications,  page  45. 

MUTILATION, 

See  FLAO. 

N 
NARCOTICS, 

instruction  in  effect  of,  137. 


' 


IGHT  SCHOOL, 

where  and  how  maintained,  171 
who  may  attend,  172. 


NORMAL  SCHOOL, 

See  ACCREDITED  NORMAL  SCHOOL;  STATE  NORMAL  SCHOOL. 

NOTICES, 

by  township  trustee  of  advisory  board  meeting,  809. 
by  township  trustee  of  contracts  to  be  awarded,  815. 
by  township  trustee  of  proposed  rate  of  taxation,  809. 

O 

OATHS. 

by  whom  administered,  65. 

OPINIONS, 

state  superintendent  of  public  instruction,  1 1 . 

iRPHANS 

transfVr  ;>f  pupils,  280-284. 

•  UI'IIANS-    HOME, 

admission  of  and  sailors'  orphans.  '286. 


420 


INDEX. 


[References  are  to  sections  unless  otherwise  noted.] 


PARKS, 

abandoned  school  grounds  used  for,  271d. 

city  council  may  accept  abandoned  school  grounds,  27 If. 

use  of  for  library  purposes,  873. 

PENALTIES, 

for  destruction  or  mutilation  of  flag,  162. 
for  violating  text-book  law,  608. 
violation  of  medical  inspection  law,  158. 

PENSIONS, 

in  cities  from  20,000  to  100,000  population, 

board,  authority  to  make  by-laws,  978. 

board,  how  composed,  970. 

board,  officers  of,  971. 

board,  to  levy  tax  for,  972. 

exempt  from  attachment,  979. 

fund,  board  of  commissioners  in  charge  of,  959,  970. 

fund  for,  970. 

how  classified,  975. 

investment  of  fund,  978. 

rules  and  regulations  governing,  972. 

sinking  fund  for,  974. 

teachers  assessed  for,  972. 

teachers  exempt  from  paying  fees  when,  972. 

who  eligible  for,  980. 

years  of  service  of  teachers,  how  computed,  976,  977. 
Indianapolis  law, 

amount  to  be  awarded,  947. 

cancelation,  957. 

exempt  from  seizure,  956. 

fund  for,  942,  944. 

fund,  how  raised,  944. 

investment  of  funds,  945. 

payments,  when  to  be  pro  rated,  954. 

re-examination  of  pensioners,  949. 

retirement  of  teachers,  950,  951. 

sinking  fund  for,  946. 

time  and  place  of  payment  of,  955. 

trustees,  942. 

trustees,  authority  to  make  by-laws,  952. 

trustees,  duties  and  powers,  943-946. 

when  teachers  to  receive  refund,  953. 

who  eligible  for,  958. 

years  of  service,  how  computed,  948. 
state-wide  law, 

amount  awarded  applicants,  conditions,  !W(i. 

exemption  from  execution,  938. 


INDEX. 


421 


[References  ate  to  sections  unless  otherwise  noted.} 

SIGNS — Continued. 

fund,  consists  of  what,  921. 
fund  for,  920. 

fund,  state  treasurer  in  charge  of,  930. 
invrst  mem  of  fund,  935. 
payment  of  arrearages,  933. 

school  corporations  may  accept  provisions,  conditions,  926. 
state  institutions  may  accept  provisions  for,  9'JT. 
subsequent  applications  for,  941. 
teachers  assessed  for,  932. 

trustees,  duties  and  powers  of,  928,  929,  931,  934,  935. 
trustees  for,  922. 
trustees,  fund  controlled  by,  929. 
trustees  investment  of  funds  by,  935. 
trustees,  organization  of,  923. 
trustees,  pass  upon  applications  for  pensions,  931. 
trustees,  record  of  units  and  teachers,  kept  by,  934. 
trustees,  state  treasurer  custodian  of  funds,  930. 
units  for  administration,  924. 
units,  teachers  of,  to  petition,  925. 
who  eligible,  939. 
withdrawal  of  conditions,  940. 
years  of  service  of  teachers,  how  computed,  937. 
Terre  Haute  law, 

board  and  officers,  duties  of,  960. 

board,  authority  to  make  by-laws,  967. 

board,  how  composed,  959. 

board,  to  levy  tax  for,  961. 

board,  vacancies  how  filled,  959. 

exempt  from  seizure  or  levy,  968. 

fund  for,  959. 

fund,  how  controlled,  961. 

fund,  tax  for,  961. 

fund,  teachers  assessed  for,  961. 

how  classified,  964. 

in  vestment  of  funds,  962. 

sinking  fund  for,  963. 

who  rligil.lr  for,  969. 

years  of  service  of  te:i«-li«-rs.  ho\v  «-ompulrd,  -•«'»•''.  •"''>• 

PHYSICAL  CULTURE  SUPERVISOR, 
qualifications,  page  45. 

POLITICAL  PARTIES, 

use  of  schoolhouse  by,  17v 

>RIMARY  SCHOOLS 

license  issued  to  teacher  by  state  superintendent,  page  44. 

PRIVATE  SCHOOLS, 

schoolhouse  used  for,  177. 


422  INDEX. 

[References  are  to  sections  unless  otherwise  noted.] 

PROFESSIONAL  EXAMINATIONS, 
by  state  board,  25. 

PROFESSIONAL  LICENSE, 

issuance  by  state  board  of  education,  page  39. 
rules  for  examination,  page  40. 

PUBLIC  LIBRARY  COMMISSION, 
annual  report  required  of,  850. 
appropriation  for,  851. 
duties,  850. 
employes  of,  850. 
members  of,  how  appointed,  849. 

members  of,  not  to  be  interested  in  publication  or  sale  of  books,  857. 
office,  where,  850. 
official  documents  and  publications  supplied  by,  to  libraries,  857. 

PUBLIC  PLAYGROUNDS  AND  BATHS, 

where  and  how  established,  341-343. 

PURDUE  UNIVERSITY, 

acceptance  of  benefits  of  acts  of  congress,  767,  797,  798. 
acceptance  of  United  States  grant.  793. 
agricultural  experiment  station  work,  794. 

appropriation  for,  794. 

appropriation  for,  use  of,  795. 

work,  how  carried  out,  796. 
agriculture,  encouraging,  786. 
appropriations  for,  how  paid,  787. 

use  of,  788. 

corporate  name  and  powers,  773. 
donation  of  Purdue  accepted,  770. 
extension  department,  789. 
farmers'  institutes  conducted  by,  790 

county  council  to  appropriate,  791. 

funds,  sale  of  script,  contracts  with  donors,  785. 

gifts,  acceptance  of,  785. 

institutes,  maintenance  of,  785. 
gifts  received  by,  for  educationaljpurposes,  799-806. 
institutes  of  technology,  establishing,  785. 
investment  of  funds,  769,  784. 
location  of  university,  771. 

made  permanent,  772. 
powers  and  duties  of  trustees,  773. 
Purdue,  John,  privilege  of,  776. 
streets  through  grounds,  774,  775. 
students  sent  by  counties,  782. 

rights  and  privileges  of,  782. 

rights  and  privileges  of,  number  allowed,  783. 
tax  for,  368. 


INDEX. 

[References  are  to  sections  unless  otherwise  noted. 


423 


P  JRDUE  UNIVERSITY— Continued, 
technology,  institute  of,  785. 
trustees,  who  constitute  first,  768. 

appointment  of  trustees,  778. 
by-laws  and  regulations,  773. 
compensation  of  instructors,  773. 
corporate  name  of  trustees,  773. 
election  of  professors  and  teachers,  773. 
general  powers  of,  773. 
meetings  and  quorum,  773. 
obtaining  and  sale  of  script,  769. 
officers  elected  by.  781. 
president  of  board,  781. 
seal  to  be  provided,  773. 
terms  of  trustees,  779. 
vacancies,  filling  of,  780. 

Q 

QUALIFICATIONS, 

of  county  superintendent,  27. 
of  teachers,  124. 


TO, 

dissemination  of  diseases  by,  201. 
extermination  of.  201. 

LEGISTRATION, 

professional  and  life  licenses,  pages  39,  40. 
state  license  in  county  where  used,  38. 

1LIGIOUS  DENOMINATIONS, 
use  of  schoolhouse  by,  178. 

1PORTS, 

enumeration  report,  55. 

state  superintendent  of  public  instruction,  13. 

teacher  to  make,  122. 


AVENUES, 


See  TAXATION. 


LULES, 

adoption  by  state  board,  24. 


See  WAGES,  TEACHERS. 
counts  superintendents,  additional,  for,  31. 


424 


INDEX. 


[References  are  to  sections  unless  otherwise  noted. 

SALE  OF  SCHOOL  PROPERTY, 
by  cities  and  towns,  109. 
sales  legalized,  110. 

SCHOOL  BOARDS, 

cities  of  first  class,  287-343. 

cities  of  45,000  to  55,000,  370-375. 

cities  of  63,000  to  69,000,  344-352. 

may  maintain  school  on  Saturdays,  916. 

public  playgrounds  and  baths,  established  by,  341-343 

SCHOOL  BONDS, 

See  BONDS;   FUNDING  BONDS. 
authorization  for  township  debts,  105. 
issue  legalized,  100. 
legalized,  103. 
sales  legalized,  97. 


SCHOOL  BOOKS, 


See  TEXT-BOOKS. 


SCHOOL  BUILDINGS, 

old,  disposition  of,  186. 

old  material,  disposition  of,  186. 

tearing  down,  185. 

SCHOOL  COMMISSIONER, 

in  cities  of  first  class,  removal  of,  318. 

SCHOOL  DIRECTORS, 
duties,  142. 

SCHOOL  FUND, 

See  APPORTIONMENT;  COMMON  SCHOOL  FUND;  DEPOSITORIES;  PUBLIC 

FUNDS;  TAXATION. 
amount  of  loan,  interest,  480. 
appraisement  of  land  for  loan,  484. 
appropriation  by  council,  545. 
auditor,  accounts  to  be  kept  of,  434. 
auditor  advertises  to  loan,  461. 
auditor  to  issue  quit  claim  deed,  when,  547. 
board  of  county  commissioners  report  to  show  what,  537. 
board  of  county  commissioners  to  report  on,  536. 
county  auditor  to  report  to  county  commissioners,  535. 
county  liability,  433. 

county  treasurer  to  report  to  county  commissioners,  535. 
distribution  and  report,  541. 
expense  of  making  loan,  543. 

ferry,  ( inns,  traveling  merchant,  license,  429-431. 
hydrophobia  fund  from  dog  tax,  432. 
lands,  account  and  distribution,  442. 


INDEX. 


425 


[References  are  to  sections  unless  otherunse 

iCHOOL  FUND— Continued. 

accounts  kept  by  auditor:  441. 

appraisement  for  loan,  484. 

appropriation  by  county,  463. 

assignment  of  certificate,  467. 

ballots  of  election,  448. 

boundaries  of  township,  438. 

certificate  of  sale  record,  464. 

certificate  of  vote,  450. 

cost  of  deed,  title  vested,  476. 

custody  and  care  of,  435. 

deed  to  purchaser,  474. 

defective  assignment,  proceedings,  468. 

divided  section,  control,  437. 

each  auditor  to  account,  443. 

enumeration  of  children,  440. 

failure  of  title,  adjustment,  478. 

failure  to  pay,  damages,  466. 

forfeited  lands  reappraisement,  462. 

forfeiture  of  contract,  resale,  454. 

indorsement  on  certificate,  473. 

leasing,  436. 

loan  of  purchase  money,  469. 

lost  certificate,  proceedings,  471. 

notice  of  sale,  452. 

order  of  sale,  452. 

payment  before  due,  470. 

payment  before  resale,  455. 

petition,  election,  notice,  446. 

possession  by  purchaser,  465. 

private  sale.  458. 

proceedings  by  trustee,  451. 

purchase  money,  where  paid,  472. 

readjustment  of  accounts,  444. 

reappraisement  of  lands,  459. 

record  of  proceedings,  447. 

sale  by  auditor  legalized,  546. 

sale  legalized,  475. 

sale  of  by  particular  corporation,  460. 

sale  of  school  lands.  446. 

school  township  divided,  439. 

sale  without  vote,  when,  477. 

suit  for  waste,  457. 

surplus  revenue  lands,  sale,  479. 

terms  of  sale,  453. 

timber,  conditions,  453. 

trustee,  power  over  lands,  4-i.Y 

votes  necessary  for  sale,  449. 

waste  in  case  of  forfeiture,  456. 


426  INDEX. 


[References  are  to  sections  unless  otherwise  no, 

SCHOOL  FUND— Continued. 

who  to  make  sale,  452. 
liability  of  auditor,  542. 
loan,  acknowledgment  and  oaths,  503. 

acts  supplemental,  533. 

amount  of  loan,  487,  492,  502. 

amount  of  loan,  interest,  480. 

apportionment  of  loans,  539. 

appraisement  of  land,  484. 

auditor  to  make  loan,  483. 

bidding  in  by  auditor,  521. 

clerk  of  court  to  issue  satisfaction  of  judgment,  516,  517. 

county  borrowing,  495-499. 

county  paying  loan,  deed,  526. 

deficiency  on  sale,  suit,  518. 

duty  of  appraisers,  485. 

failure  by  auditor,  penalty,  508. 

fees  connected  with  loans,  506. 

form  of  mortgage,  510. 

form  of  note,  511. 

fund  specified  in  mortgages,  509. 

interest  not  paid,  suit,  507. 

interest,  rate  of,  490. 

leasing  of  lands,  529. 

liens,  certificates,  501. 

loan  on  mercantile  land,  493. 

loan  to  nonresidents,  486. 

manner  of  sale,  520. 

mortgages  considered  recorded,  504. 

notice  of  sale,  519. 

notice  of  unloaned  funds,  481. 

oaths  as  to  liens,  488. 

payment,  quietus,  514. 

purchase  by  county,  528. 

recording  deeds,  531. 

recording  of  mortgages,  505. 

record  of  deed,  523. 

renewal  of  loan,  how  made,  512. 

residents  have  preference,  486. 

sale  by  county,  530. 

sale  legalized,  532. 

sale  of  lands  bid  in,  522. 

satisfaction  of  mortgage  by  auditor  when,  534. 

satisfaction  on  payment,  515. 

statement  of  sales,  524. 

subrogation  of  county,  527. 

time  loan  runs,  489,  494. 

title  to  lands  bid  in,  525. 

warrant  to  borrower,  513. 


INDEX.  427 

[References  are  to  sections  unless  otherwise  noted.] 

*'HOOL  FUND— Continued. 

miscellaneous  account  of,  540. 

money  in  hands  of  county  coroner  to  become  part  of,  when,  428. 

notice  of  unloaned  funds,  481. 

repeal  of  order,  544. 

transfer  and  distribution  of,  426. 

unloaned  funds,  transfer?  500. 

what  constitutes,  425. 

surplus  dog  tax,  part  of,  422. 

sriIOOLHOUSES, 

annexed  territory,  ownership,  190. 

bonds  issued  for  construction  of,  549-589. 

damages  to,  who  responsible,  182. 

donations  and  bequest  for,  in  unincorporated  towns,  193-195. 

doors  to  swing  outward,  214. 

fires,  provisions  to  prevent,  221-231. 

fund  collected  for,  how  transferred,  213. 

heating,  216. 

light,  heat  and  janitor  service  provided  by  school  board  when  used 

for  other  than  school  purposes,  180. 
location  and  removal  of,  187-189. 
purchase  of  real  estate  for,  appraisement,  205-208. 
removal  and  relocation  of,  187-189. 
repairs  and  removal  to  be  directed  by  school  meeting's  estimate  of 

cost,  141. 

sale  of  land  when  schoolhouse  moved,  183. 
sanitation,  215-218. 
school  director  to  have  charge  of,  143. 
temperature  required,  216. 
used  for  other  than  school  purposes,  178. 
used  for  public  gatherings,  179. 
use  of  town  house  by  township,  220. 

SCHOOL  LANDS, 

See  LANDS. 

SCHOOL  MEET  I 

powers,  etc.,  140. 

SCHOOL  OFFICERS. 

administration  of  oaths,  65. 
women  eligible  to  be,  66. 
women,  to  give  bond,  67. 

SCHOOL  OF  MEDICINE, 

trustees  of  Indiana  University  to  conduct,  766. 

SCHOOL  PHYSICIAN. 

appointment,  1  •">•"». 
duties,  156. 
qualifications,  155. 


428  INDEX. 

[References  are  to  sections  unless  otherwise  noted.] 

SCHOOL  PROPERTY, 

See  LIBRARIES;  SCHOOLHOUSES. 

conveyance  of  from  civil  to  school  township,  209,  210. 
janitors  for,  provided  by  school  trustees,  77. 
petition  for  conveyance,  210. 

public  improvements,  liability  for  and  former  payment,  211,  212. 
purchase  of  real  estate  for  schoolhouse,  appraisement,  205-208. 
sale,  how  made,  184. 
school  director  to  have  charge  of,  143. 
title  to  school  lands,  176. 

SCHOOL  REVENUES, 

disposition  of  surplus,  80. 

SCHOOLS, 

See  COMMON  SCHOOLS;    HIGH  SCHOOLS;    INDIANA  STATE  NORMAL; 

KINDERGARTENS;  JOINT  SCHOOLS;  TRADE  AND  INDUSTRIAL  SCHOOLS; 

UNIVERSITIES;  VOCATIONAL  SCHOOLS. 
abandonment  of,  271a-2711. 
alcohol,  effect  of,  teaching,  137. 
arbor  day,  observance,  165,  167. 
arbor  day,  proclamation  and  observance,  165-167. 
bible  not  to  be  excluded,  130. 
bonds  for  additional  funds,  193. 
branches  taught,  136. 
colored  children,  how  provided  for,  134. 
consolidation  of,  256-271. 

consolidation  of,  in  towns  and  townships,  267-271. 
contagious  diseases,  216. 
course  of  study  in  high  school,  146,  147. 
denned,  146. 
directors'  duties,  142. 
dismissed  when,  216. 
donations,  acceptance  of,  196. 
donations,  conditions,  performance,  196-200. 
donations,  issue  and  sale  of  bonds,  195. 
donations  to  build  schoolhouse,  193. 
exclusion  of  pupils  by  school  director,  144. 
fires,  provisions  to  prevent,  221-231. 
flag  on  schoolhouse,  160. 
high  school  districts,  246-252. 
high  school,  donations  for,  202. 
hygiene  required  to  be  taught  in,  201. 

in  annexed  territory,  cities  and  towns  to  assume  debt  of,  191,  192. 
indigent  children,  135. 
joint  schools,  234-255. 
joint  township  high  school,  253. 
kindergarten,  150. 
kindergarten,  tax  for,  151. 


INDEX. 


429 


[References  arc  to  sections  unless  otherwise  noted.} 

CHOOLS— Continued. 

medical  inspection  of  children,  153. 

meetings,  annually  held,  138. 

meetings,  districts,  called  out.  138. 

meetings,  voters  at,  138. 

military  training,  173-175. 

night  school,  171. 

petition  to  trustee,  signers,  194. 

property,  title  to,  176. 

pupils,  bodily  uncleanliness,  216. 

pupils  excluded  from  school,  216. 

real  estate  for,  how  purchased,  205-208. 

sale  of  lands  not  needed  for  experimental  purposes,  460. 

sanitary  conditions  required,  217-219. 

sanitation,  214-216. 

school  director,  appeal  from,  145. 

school  director  has  charge  of  schoolhouse,  143. 

school  director,  visitation  by,  144. 

schoolhouse,  how  sold,  183. 

petition  to   change,    blank   forms   for  proceedings   in,   pages 
347-349. 

removal  and  relocation  of,  187-189. 

used  for  other  than  school  purposes,  177-182. 

us<-  for  private  school,  177. 
school  meetings,  powers,  etc.,  140. 
school  month,  what  constitutes,  i:j:;. 
school  property,  how  sold,  184. 
schools  in  session  on  Saturdays,  916. 
school  week,  what  constitutes,  133. 
secret  societies  unlawful,  170. 
Star  Spangled  Banner,  singing,  163. 
state  flower,  169. 
state  song,  168. 

street  improvements,  liability,  211. 
term,  high  school,  continuance,  132. 
terms,  length  of  school,  133. 

must  In-  uniform,  131. 

township  high  school,  how  established,  254,  '2~>~t. 
transfer  of  pupils,  271o-271q,  272-286. 
tuberculosis  in,  report  of  by  school  physician,  232,  233. 
vocational  education,  376-403. 

vocational  school  in  citi^  of  first  class,  non-residents  admitted  to,  393. 
vocational  township  school,  397-399. 
wlio  may  attend  night  school.  172. 
school*,  in  cities  of  first  ol&88,  additional  high  school  bonds  for,  395. 

property  received  in  trust  for,  iV.M. 
comini--ioner<.  287. 

•••ouiitanls  to  examine  books  of.  iin.",. 
art  as-ociation.  payment  to  maintain.  : !•_".' 


430  INDEX. 

[References  are  to  sections  unless  otherwise  noted.] 

SCHOOLS— Continued. 

auditor,  duties,  299,  304. 

bids,  when  required,  309. 

bonds,  right  to  issue,  315. 

building  and  grounds  fund,  provisions  for,  325. 

business  director,  duties,  298. 

committees  appointed  by,  292. 

contracts  by,  how  made,  307,  308. 

funding  indebtedness,  310. 

general  school  laws  applicable,  312. 

grounds  and  buildings,  purchased  by,  316. 

legislative  acts  of,  293. 

levy  by,  to  pay  debts,  319. 

limit  of  debt,  314. 

manual  training,  how  established,  321-323. 

may  exercise,  eminent  domain,  317. 

medical  inspection,  provisions  for,  336,  337. 

nomination  and  election,  how,  289. 

organization,  291. 

powers,  of,  327. 

property  in  trust,  accepted  for  school  purposes,  394. 

qualifications  of,  288. 

removal  of  commissioner,  318. 

reports  of  appointments  or  discharges  of  teachers,etc.,  297. 
•  superintendent,  librarian,  et  al.,  duties,  296. 

superintendent,  teachers,  employees,  etc.,   selected  by, 
294,  295. 

taxes,  powers  as  to  levy,  324. 

tax  levy  for  real  estate  and  schoolhouses,  311. 

terms,  290. 

treasurer  to  receive  money,  306. 

validation  of  art  association  contract,  326. 

vocational  education,  non-residents  admitted,  393. 

vocational  education,  provisions  for,  393,  394. 

warrants,  how  issued,  300-303. 
trade  and  industrial  schools,  338-340. 

schools,  in  cities  of  45,000  to  55,000,  school  board,  duties  and  powers 
of,  371-375. 

school  board  to  have  control  of,  370. 
schools  in  cities  of  55,000  to  63,000,  school  board,  how  elected,  355. 

school  board,  qualifications  and  salary,  354. 
schools  in  cities  of  63,000  to  69,000, 

board  of  school  trustees  to  have  charge  of,  347. 

general  school  laws  applicable,  349. 

government  of  schools,  347. 

school  board,  how  elected,  351. 

school  board  to  establish  public  playgrounds,  344-346. 

school  corporation  in,  distinct  from  civil  corporation,  348. 

school  board,  qualifications,  350. 


INDKX. 


431 


[References  are  to  sections  unless  otherwise  noted.] 

SCHOOL  TOWNSHIP, 
how  created,  64. 

SCHOOL  TOWNSHIP  DEBTS, 
legalized,  96. 

SCHOOL  TRUSTEES, 
bonds,  73,  558. 

duration  of  school  term  maintained^by,  76. 
enumeration  taken  by,  who  enumerated,  89,  90. 
how  elected,  terms  begin  when,  71b. 
in  cities  of  second  class,  bonds  issued  by,  562-565. 
in  townships,  towns  and  cities,  general  duties,  75. 
in  towns,  how  elected,  114. 
in  towns  of  not  over  2,000  may  issue  bonds  for  school  purposes, 

570-575. 

janitors  for  school  property  provided  by,  77. 
kindergarten  established  by,  150. 

may  issue  bonds  for  grounds,  building  and  repairs,  556. 
may  issue  bonds  in  towns  of  not  over  1,000,  576,  577. 
may  issue  bonds  in  towns  and  cities  of  1,000  to  5,000,  566-568. 
may  make  temporary  loans  in  anticipation  of  current  revenue,  560, 

561. 

may  sell  lands  not  needed  for  experimental  purposes,  460. 
record  of  proceedings  and  revenue,  79. 
salaries,  71b. 
sale  of  property,  183. 
taxes  levied  by,  to  pay  bonds,  557. 
term  of  office,  71b. 

title  to  school  lands  procured  by,  176. 
to  be  clerk  and  treasurer  of  township,  city  or  town,  for  school  purposes, 

78. 

vacancies,  how  filled,  71b. 
women  eligible  to  be,  66. 
women,  to  give  bond,  67. 

SECRET  SOCIETIES, 

organization  unlawful  in  common'schools,  170. 

SEMINARIES, 

proceeds  of  sale  of  property  part  of  school  fund,  2. 

SOLDIERS  AND  SAILORS, 

enumerated  list  filed  with  clerk  of  court,  '.)_'. 
enumeration,  91. 

SPECIAL  LICENSES, 

character  and  term,  page  41. 

issuance jby  state  board  of  education,  page  1 1 . 

STAR  SPANGLED  BANNKIi, 
singing,  163. 


432  INDEX. 

[References  are  to  sections  unless  otherwise  noted.} 

STATE  BOARD  OF  EDUCATION, 

determine  average  for  teachers  license,  40. 

duties,  126,  381. 

duties  and  powers,  24. 

examination  questions  furnished  by,  38. 

may  issue  state  certificates  to  teachers,  page  39. 

life,  page  40. 

professional,  page  39. 

special,  page  41. 
members,  appointment  of,  23. 
pay  and  mileage  of,  26. 

state  normal  school,  committee  of  three  to  visit,  639. 
state  teachers'  training  board,  to  constitute,  643-648. 
text-books,  duties  in  regard  to,  590-606. 
to  conduct  teachers  examination,  25. 
vocational  education,  duties  in  regard  to,  380,  381,  403. 

STATE  BOARD  OF  TRUANCY, 
composed  how,  duties,  616. 

STATE  FIRE  MARSHAL, 
duty,  227. 

STATE  FLOWER, 
carnation,  169. 

STATE  LIBRARIES, 

See  LIBRARY,  STATE. 

STATE  LIBRARY  COMMISSION, 
advice  given  by,  853. 
furnish  books  to  library  association,  when,  852. 

STATE  NORMAL  SCHOOL, 

admission  to,  conditions,  635. 

board  of  visitors  for,  639. 

corporate  name  of,  627. 

gifts  received  by  for  educational  purposes,  799-806. 

location  of,  631. 

model  school  in,  633. 

no  tuition  fee  required  of  residents  of  Indiana,  636. 

object  of,  626. 

principle  of  management,  637. 

trustees  for,  appointment  of,  627. 

contract  for  buildings,  632. 

duties  of,  634,  638. 

may  receive  donations,  630. 

organization  of,  629. 

salary,  641,  642. 

term  of  office,  628. 

to  issue  diplomas  and  certificates,  640. 
validation  by  state  superintendent,  page  46. 


INDEX.  433 

[References  are  to  sections  unless  otherwise  noted.] 

3TATE  SONG, 

On  the  Banks  of  the  Wabash  Far  Away,  168. 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION, 
appeal  to,  from  decision  of  county  superintendent,  34. 
appeal  to,  in  matter  of  transfer  of  orphan  pupils,  274,  282. 

-tant  to,  salary,  9a. 

common  school  license  issued  by,  pages  41-46. 
county  superintendent  to  report  annually  to,  55. 
deficiency  in  town  or  township  revenue,  416. 
deputy  to,  salary,  9a. 

disposition  of  teachers'  manuscript  fees,  38. 
duties,  9a-22 

< •numeration  reported  to,  by  county  superintendent,  55. 
examination  for  common  school  license,  25. 
examination  of  school  fund  in  each  county,  55. 
Indiana  University,  a  member  of  board  of  visitors,  678. 
may  issue  state  certificates  to  teachers,  25. 
may  prepare  blanks  and  forms  for  reports,  18. 
may  require  reports  to  be  made,  17. 
may  revise  teachers'  success  grades,  46. 
oath,  10. 

office  at  seat  of  government,  11. 
president  of  state  board  of  education,  23. 
publishers  to  file  text-books  and  bond  with,  602. 
report  to  by  county  commissioners  of  common  school  fund,  437,  438. 
salary  of,  9a. 

shall  examine  teachers  manuscripts  for  high  school  license,  38. 
shall  exercise  supervision  over  school  fund,  16. 
shall  furnish  journals,  etc.,  to  libraries,  20. 
shall  keep  record  of  fees  and  manuscripts  received,  48. 
shall  keep  record  of  licenses  issued  to  teachers,  48. 
shall  make  annual  report  to  Governor,  16,  48. 
shall  provide  schedule  of  items  for  teachers'  success  grades,  22,  45. 
shall  publish  and  distribute  school  laws,  19. 
shall  render  opinions  in  writing,  11. 
shall  report  to  general  assembly,  13. 
supervisor's  license  issued  by,  page  45. 
surplus  revenue  disposed  of,  how,  49. 

teachers'  life  certificates  from  other  state  to  be  countersigned  l>y,  iM. 
term  of  office,  10. 

to  issue  exemption  license,  page  46. 
transfer  of  pupils,  payments  adjusted  by,  'J7."». 
t  raveling  expenses,  15. 
validation  of  licenses,  page  46. 


STATK  TEACHERS' 

how  composed,  duties,  643,  647. 


434  N    ix. 

[References  are  to  sections  unless  otherwise  noted.] 

SUCCESS  GRADES, 

applicant  may   appeal  from  decision   of  county   superintendent   to 

superintendent  of  public  instruction,  46. 
by  whom  issued,  45. 
schedule  for,  45. 

SUPERINTENDENT  OF  SCHOOLS, 

appointment  and  salaries  in  cities  and  towns,  81. 

SUPERVISOR, 

issuance  of  license  by  state  superintendent,  pages  45,  46. 
licenses,  page  45. 

SWAMP  LANDS, 

proceeds  of  sale  part  of  school  fund,  2. 


TAXATION, 

See  SCHOOL  FUNDS, 

cities  and  towns  to  levy  for  interest  and  sinking  fund,  555. 

cities,  for  library  purposes,  837. 

constitutional  limit,  9. 

educational  institutions,  tax  for,  368. 

for  and  to  support  town  school,  367. 

for  enforcement  of  truancy  law,  620. 

for  library  purposes  in  cities  of  15,000  to  30,000,  879. 

for  vocational  education,  400. 

in     cities     from     20,000     to     100,000     population,     for     teachers' 
pensions,  972. 

in  cities  from  55,000  to  60,000  population,  for  teachers'  pension  fund, 
961. 

in  cities  of  30,000  for  library  purposes,  875. 

in  cities  of  100,000  or  more  for  teachers'  pension  fund.  944. 

in  cities  of  second  class,  to  pay  bonds.  565. 

in  county  for  library  purposes,  885. 

in  township  for  library  purposes,  842,  854,  867. 

local,  how  applied,  366. 

school  trustees  in  towns  of  not  over  2,000  may  levy  special  tax  for 
school  purposes,  574. 

school  trustees  levy  to  pay  bonds,  557. 

special  school  revenue,  363. 

special  school  revenue,  assessment  and  collection,  364. 

special  tax  for  bonds.  551. 

special  tax  in  cities  of  45,000  to  55,000,  373. 

state  tax  levy,  361. 

supplementary  tuition  fund,  365.] 

towns,  for  library  purposes,  837. 

township  may  levy  against  civil  and  school  township'j' or  school  pur- 
poses, when,  583-589. 


INDEX. 


435 


[References  are  to  sections  unless  otherwise  noted.} 

^AXATION— Continued. 

townships,  for  library  purposes,  837. 

trustees  may  levy  tax  in  towns  and  cities  of  1,000  to  5,000  to  pay 

bonds,  568. 

trustees  may  levy  tax  in  towns  of  not  over  1,000,  576,  577. 
unexpended  balance,  369. 
uniformity  of,  362. 

TAXES  IN  CITIES  OF  FIRST  CLASS, 
for  building  and  grounds,  324. 
for  health  inspection,  337. 
for  industrial  training,  323. 
for  kindergarten  fund,  324. 
for  library  fund,  324. 
for  manual  training  fund,  324. 
for  real  estate  and  building,  311. 
for  special  school  fund,  324. 
for  teachers'  pension  fund,  324. 
power  of  school  commissioners  to  levy,  324. 

TKACHERS, 

See  LICENSE;  PENSIONS. 
associations,  attending,  pay  for,  129. 
compensation  forfeited,  when,  116. 
conditioned  in  two  subjects  upon  examination,  conditions  removed, 

when,  40. 

contracts,  blanks  to  be  uniform,  121. 
contracts,  form,  pages  87,  89. 
contracts  to  be  in  writing,  120. 
dismissal  of,  116,  118,  119. 

examination,  applicants  pass  in  what  subjects,  39. 
examination,  fee,  25. 
examination  of,  127. 

examination,  state  board  of  education  to  conduct,  25. 
exempted  from  examination  when,  43. 
fees  for  examination  by   state   superintendent  for  common   school 

license,  page  43. 

grades  issued  by  state  superintendent,  pages  41-46. 
institutes,  attending,  pay  for,  129. 
insulting,  etc.,  128. 

license  issued  for  common  school  by  state  superintendent,  page  41. 
license,  standards  fixed  by  state  board  of  education,  43. 
license,  state  board  of  education  to  grant,  25. 
minimum  wages,  123. 

must  teach  and  be  examined  on  effects  of  alcohol,  117,  118. 
primary  license  issued  by  state  superintendent,  page  44. 
professional  license  issued  by  state  board  of  education,  page  39. 
qualifications  of,  124. 
report  to  trustees,  by,  form,  pages  88,  90. 
state  license  must  be  registered  with  county  superintendent,  38. 


436  INDEX. 

[References  are  to  sections  unless  otherwise  noted.]         ' 

TEACHERS— Continued. 

test  of  sight  and  hearing  of  children,  153. 
wages,  daily,  123. 

/       TEACHERS'  INSTITUTES, 

county  institute,  917. 

county  treasurer  to  draw  warrant  for,  917. 
.   -  schools  close  for,  918. 

where  and  when  held,  917,  919. 
township  institutes,  915. 

teachers  paid  for  attendance,  915. 

TEACHERS'  LICENSE, 

See  LICENSE. 

TEACHERS'  SALARIES, 

contracts  on  professional  or  life  licenses,  page  40. 

TEMPORARY  TEACHING  PERMITS, 
by  whom  and  how  issued,  41. 

TERRE  HAUTE, 

pensions  for  teachers,  959-969. 

TEXT-BOOKS, 

bids  called  for,  591. 

bond,  amount,  approved  by  whom,  602,  603. 

books  to  be  uniformly  used,  599. 

conditions  governing  sales  and  adoptions,  602. 

dealers  and  agents,  appointment  of,  606. 

embezzlement  by  officers,  596,  598. 

excessive  charge,  penalty,  595. 

for  indigent  children,  597. 

Governor  issues  proclamation,  594. 

high  school  books,  600. 

member  of  board  not  to  have  interest  in  adopted  book,  59  la. 

name  on  outside  of  book,  601. 

opening  bids,  59  la. 

penalty  for  violating  act,  608. 

person,  definition  of,  607. 

price,  governed  how,  604. 

purchase  of  manuscript,  592. 

school  cities,  towns  and  tpwnships  may  handle,  605. 

selection  of,  590,  600. 

state  not  liable,  593. 

TOWNSHIP, 

See  CONSOLIDATION  OF  SCHOOLS. 
annexed  territory,  assumption  of  debt  of, 
liability  for  debt,  191,  192. 

TOWNSHIP  DEBT, 

certificates  legalized,  102. 


[References  are  to  sections  unless  otherwise  noted.} 

TOWNSHIP  LIBRARY, 

board  for,  855. 

board,  members  how  elected,  8.")."). 

official  documents  and  publications,  procured  how,  856. 

two  or  more  adjacent  townships  may  unite  for,  8f>.~>. 

voters  may  petition  to  have  tax  levied  for,  854. 

TOWNSHIP  TRUSTEE, 

advisory  board  meetings,  810. 

trustee  to  report  estimate  of  expenditures,  810. 
annual  settlement  with  advisory  board,  814. 

nature  of  report,  814. 

appeals  from,  to  county  superintendent,  59. 
bond  required  of,  74. 
<•!<  -rk  allowed  for,  810. 

salary  of  clerk,  810. 
contents  of  annual  report,  82. 
conveyance,  810. 

amount  allowed  for,  810. 
date  of  election,  68. 

duration  of  school  term  maintained  by,  76. 
emergency  expenditures  by,  812. 
enumeration  taken  by,  and  who  enumerated,  89,  90. 
failure  to  make  report,  83. 
failure  to  serve  when  elected,  85. 
financial  record  kept  by,  813. 
manner  of  election,  69,  70. 
may   bond   civil    and    school    townships  for   school   purposes,    when, 

583-589. 

may  issue  bonds  to  fund  or  ivt'nnd  indebtedness,  578,  579. 
may  sell  lands  not  needed  for  experimental  purposes,   HiO. 
may  Micceed  himself.  7  1;.. 
new  schoolhou-e.  specifications  for,  815. 

notice,  tfhrii  liy.  <S09. 

I  COM  of  not  ice,  809. 

of  advisory  hoard  meeting.  .sO'l. 
of  contracts  to  he  awarded,  Sl.~>. 
of  pmpoM  d  rates  of  taxation,  809. 
office  rent,  810. 
pay  of,  816. 

pay  outstanding  warrants,  107. 
record  of  proceedings  and  revenue.  7'». 
remedy  for  neglect  of  duty,  84. 
school  supplies,  provisions  for  procuring,  815. 
teachers  employed  by,  75. 

teachers  of  private  school  in  schoolhouse,  to  report  to,  177. 
term  begins  when,  71. 

to  be  clerk  and  treasurer  of  township  for  school  purposes,  78. 
to  have  care  and  custody  of  school  lands,  185. 


438  INDEX. 

[References  are  to  sections  unless  otherwise  noted.} 

TOWNSHIP  TRUSTEE— Continued, 
transfer  of  funds,  113. 
women  eligible  to  be,  66. 
women,  to  give  bond,  67. 

TRADE  AND  INDUSTRIAL  SCHOOLS  IN  CITIES  OF  200,000  POPU- 
LATION, 

maintenance  and  operation,  339. 

TRANSFER  OF  PUPILS, 

appeal  to  state  superintendent  when  transfer  denied,  274. 

duty  of  trustee,  27 Ip. 

expense,  how  paid,  27  Iq. 

orphans,  280-284,  624. 

outside  of  state,  285. 

reasons  for  transfer,  272. 

school  trustee  to  transfer  pupils  instead  of  establishing  high  school,  75. 

settlement  for  transfer,  27  Iv,  277. 

to  nearest  school,  27  lo. 

to  school  corporation  of  100,000,  278,  279. 

tuition,  273. 

tuition,  refusal  to  make  payment,  275. 

TRANSFERS, 

to  approved  vocational  school,  how  made,  385. 

TRANSPORTATION  OF  PUPILS, 
age  governing,  27  In. 
conveyances,  specifications  for,  271r. 
drivers,  duties  and  requirements  of,  271t,  271u. 
drivers,  qualifications  of,  271s. 
expenses,  how  paid,  271m. 
expenses  paid  from  what  fund,  27  Iv,  277. 
penalty  for  violation  of  law,  27  Iw. 
prosecutor  to  enforce  provisions,  27 Ix. 
where  schools  consolidated,  266. 

TRAVELING  MERCHANT  LICENSE, 

money  for  part  of  school  fund,  429-431. 

TRUSTEES, 

See  SCHOOL  TRUSTEES. 
duty  to  produce  records  for  inspection,  87. 
failure  to  make  report,  83. 
inspection  of  books,  papers,  and  accounts,  86. 
removal  from  office,  88. 

TRUSTEES  IN  CITIES  AND  TOWNS, 
contents  of  annual  report,  82. 
failure  to  make  report,  83. 


INDEX.  439 


[References  are  to  sections  unless  otherwise  noted.} 

TRUSTEES  IN  INCORPORATED  TOWNS, 

»how  elected,  71b. 
salaries  of,  71b. 
term  of  office,  71b. 
vacancies,  how  filled,  71b. 

TUBERCULOSIS, 

provisions  to  prevent,  232,  233. 


U 

UNITED  STATES  FLAG, 

See  FLAG. 

UNIVERSITIES, 

See  INDIANA  UNIVERSITY,  PURDUE  UNIVERSITY. 


VALIDATION, 

life  license  by  state  superintendent,  page  46. 

state  normal  diplomas  by  state  superintendent,  page  46. 

VOCATIONAL  EDUCATION, 

acceptance  of  Act  of  Congress  for,  401-403. 

admission  to  schools,  385. 

advisory  committee  for,  384. 

appropriation  for,  391,  400. 

cities  and  towns  reimbursed  for,  conditions,  388. 

classes  in,  how  divided,  378. 

compulsory  attendance,  conditions  for  enforcement,  386. 

co-operative  schools  for,  379. 

county  agent,  provisions  for,  387. 

definition  of,  376. 

•  Irputies  in  charge,  appointment  of,  383. 

establishment  of  schools  for,  377. 

in  cities  of  first  class,  additional  high  school  bonds  for,  395. 

nonresidents  admitted  to,  393. 

property  received  in  trust  for,  394. 
in  township  high  school,  how  established,  397-399 
state  aid  for,  389,  390. 
state  board  of  education,  duties,  381/403.] 
state  treasurer  custodian  of  funds,  402. 
studies  in,  required  in  certain  schools,  380. 

VOCATIONAL  SUBJECTS, 

exceptedjrom  life  license,  page  40. 

VOTER'S  MEETINGS, 

election  of  school  director,  138. 


440  INDEX. 

[References  are  to  sections  unless  otherwise  noted. 

W 

WAGES,  TEACHERS, 
minimum  for,  123. 
penalty  for  paying  below  rate,  125. 

WOMEN, 

bond,  as  school  officers,  67. 
eligible  to  be  school  officers,  66. 


YC  06567 


UNIVERSITY  OF  CAUFORNIA  LIBRARY 


